Supreme Court of India · 2009-02-13
State Of M.P vs Abdul Kadir & Anr
- Citation / case number
- AIR 2009 SUPREME COURT 1801
- Court
- Supreme Court of India
- Petitioner
- State Of M.P
- Respondent
- Abdul Kadir & Anr
- Author
- Arijit Pasayat
- Bench
- Arijit Pasayat, Asok Kumar Ganguly
Judgment text excerpt
The Supreme Court overturned the Madhya Pradesh High Court's dismissal of the State's appeal regarding the release of a life convict under the Madhya Pradesh Prisoners (Release on Probation) Act, 1954. The Court emphasized that neither the Single Judge nor the Division Bench adequately addressed the Probation Board's reasons for denying the release, which were based on the serious nature of the crime. The Court held that the High Court should have remanded the case for fresh consideration by the authorities, as the convicts do not have an indefeasible right to release but only a right to be considered for it under the Act and Rules.