In criminal writ petition, petitioner convicted in Bombay Bomb Blast case filed application for remission which was rejected because he was a resident of Mumbai, a sensitive area. Court held discretion was exercised in accordance with law as per Yakub Memon judgment. Petition rejected.
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1 cwp566.15.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR
CRIMINAL WRIT PETITION NO.566 OF 2015
[Abdul Gani Ismail Turq .vs. Deputy Inspector General (Prisons) (East), Nagpur and one]
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Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders
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CORAM : B.R. GAVAI AND MRS. SWAPNA JOSHI, JJ.
DATED : MARCH 29, 2016.
The petitioner has been convicted in the Bombay Bomb Blast case. The Hon'ble Apex Court in the reported judgment of Yakub Abdul Razak Memon .vs. State of Maharashtra and others, reported in 2013 LawSuit (SC) 246, has warned State to take due consideration of judicial reasoning before exercising the remission power. The application of the petitioner is rejected on the ground that the applicant is the resident of Mumbai which is highly sensitive area.
We find that taking into consideration the fact that the present applicant is a convict in the Bombay Bomb Blast case, it cannot be said that the discretion exercised by the respondents has been exercised in an illegal manner.
The petition is, therefore, rejected.
JUDGE JUDGE
Gulande
2 issues framed by the court
Whether the rejection of the petition was illegal given the petitioner is a convict in the Bombay Bomb Blast case.
Whether discretion exercised by respondents can be said to be illegal.
Colour shows how this judgement treated each authority
Yakub Abdul Razak Memon .vs. State of Maharashtra and othersReferred¶10
2013 LawSuit (SC) 246
ABDUL GANI ISMAIL TURQ
DEPUTY INSPECTOR GENERAL (PRISONS) (EAST), NAGPUR
B.R. GAVAI
SWAPNA JOSHI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
