ALI HARUNBHAI GANDHAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule returnable forthwith. Learned Additional Public Prosecutor Ms.Patel waives service of Rule on behalf of the respondent - State.

(2.) By way of this applications, the applicants who are co-convicts have inter alia questioned consideration of the case of the applicants for remission as per the policy of the State Government of the year 2014, more particularly as per the Government Resolution dtd. 23/1/2014, whereas according to the applicants/convicts, case of remission of the applicants would be required to be decided as per the policy of the year 1992, which was prevalent during the time when the applicants were convicted.

(3.) Learned APP Ms.Patel has tendered a copy of the affidavit-in-reply and whereas it is sought to be contended that pursuant to the decision of the Hon'ble Apex Court, the State Government has clarified its policy of remission vide Resolution dtd. 6/4/2023 and it is now the policy of the State that the case of a convict for remission would not be considered as per the policy existing at the time of consideration, rather case of the convict would be considered as per the policy in existence during the time of conviction or any other policy, which is later framed which would enure in favour of the convicts. Learned APP would submit that the State Government would reconsider the case of the applicants for remission as per the new policy, rather according to learned APP, the State Government as per the new policy would consider the case of the applicants as per the policy of 1992 or the later policy whichever would be beneficial for the applicants.