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april 2019

Supreme Court of India · 2019-04-22

The State Of Rajasthan vs Mukesh Sharma

Citation / case number
AIR 2019 SUPREME COURT 2023
Court
Supreme Court of India
Petitioner
The State Of Rajasthan
Respondent
Mukesh Sharma
Author
Navin Sinha
Bench
Navin Sinha, Arun Mishra

Judgment text excerpt

The Supreme Court addressed the constitutional validity of Rule 8(2)(i) of the Rajasthan Prisons (Shortening of Sentences) Rules, 2006, which imposed a requirement of earning a minimum of four years of remission after serving 14 years of actual imprisonment for life convicts. The Court held that the Rule was inconsistent with Section 433-A of the Code of Criminal Procedure, 1973, and was invalid as it had not been laid before the State Legislature as required by Section 59(2) of the Prisons Act, 1894. Consequently, the Court upheld the High Court's decision to strike down the Rule, affirming that it could not impose additional conditions contrary to statutory provisions.

The State Of Rajasthan vs Mukesh Sharma · Niyam