The Supreme Court has issued a strong warning to the Gujarat government for its delay in deciding a murder convict's premature release plea under its 1992 policy framed under Section 432 of the CrPC. This case highlights judicial oversight over executive discretion in matters of life and liberty, emphasizing that while premature release is not a fundamental right, it becomes a 'vested right' once a policy is framed.
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- ›SC Bench: Justices Ahsanuddin Amanullah and R Mahadevan
- ›Key Legal Provision: Section 432 of CrPC, 1973
- ›Target this Data: The mandatory minimum incarceration period under the Gujarat policy is 14 years.
- ›Target this Nodal Body: The Jail Advisory Committee is responsible for deciding on premature release.
- ›Target this Legal Point: The legal provision invoked is Section 432 of the Code of Criminal Procedure, 1973.
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