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.