Supreme Court of India · 2009-02-13
STATE OF M.P. vs ABDUL KADIR
- Citation / case number
- SC 2002/13447
- Court
- Supreme Court of India
- Petitioner
- STATE OF M.P.
- Respondent
- ABDUL KADIR
- Author
- ARIJIT PASAYAT
- Bench
- ARIJIT PASAYAT,ASOK KUMAR GANGULY, , ,
Judgment text excerpt
The Supreme Court held that the Madhya Pradesh High Court erred in dismissing the Letters Patent Appeal regarding the release of a life convict under the Madhya Pradesh Prisoners (Release on Probation) Act, 1954. The Court emphasized that the recommendations of the Probation Board, which were against the convict's release due to the serious nature of the crime, were not adequately considered by the lower courts. The Court reiterated that the convicts do not have an indefeasible right to be released, but only a right to be considered for release, thus allowing the State's appeal and remanding the case for fresh consideration by the authorities.