Supreme Court of India · 2000-09-04
LIFE CONVICT LAXMAN NASKAR vs STATE OF WEST BENGAL
- Citation / case number
- SC 2000/7709
- Court
- Supreme Court of India
- Petitioner
- LIFE CONVICT LAXMAN NASKAR
- Respondent
- STATE OF WEST BENGAL
- Author
- RAJENDRA BABU
- Bench
- S. RAJENDRA BABU,J.,SHIVARAJ V. PATIL,J.
Judgment text excerpt
The Supreme Court ruled on a writ petition under Article 32 concerning the release of a petitioner sentenced to life imprisonment under Section 302 IPC read with Section 34 IPC. The Court clarified that a life sentence does not automatically expire after 20 years, as per the statutory provisions of the Indian Penal Code, and that the appropriate Government has discretion under Section 401 Cr.P.C. to remit sentences. The petitioner's claim for release based on remissions was denied, affirming the principle that no writ can compel the State to release a prisoner if remission is refused.