The Supreme Court has ordered the premature release of Rohit Chaturvedi, a convict in the 2003 murder case of poetess Madhumita Shukla. The Court found the Union Home Ministry’s rejection of his remission plea to be arbitrary and unsustainable in law. Chaturvedi had been in incarceration for over 22 years.
The Court criticized the Ministry of Home Affairs for not providing any reasons for its decision to decline Chaturvedi’s release. It emphasized the importance of transparency and fairness in decision-making processes. The judgment highlighted that executive discretion in remission matters must be based on relevant and rational considerations.
Rejecting the argument that remission could be denied based on the heinous nature of the crime, the Supreme Court stated that the denial of remission cannot solely rely on the severity of the offense. The Court stressed that remission is tied to the reformative theory of punishment and that justice does not allow for permanent incarceration solely based on past actions.
The Court noted that Chaturvedi’s conduct during his incarceration had been deemed “good” according to the custody certificate. It also pointed out that a co-convict in the same case had been granted premature release after serving a lesser period of imprisonment. The Court emphasized the need for fairness and non-arbitrariness in such decisions.
