Alternative Remedies No Longer Bar Writs Writ Jurisdiction in the Indian Constitution has been borrowed from the concept of prerogative writs under English Law and was vested in the Chartered High Courts prior to commencement of Constitution. The framers of the Constitution adopted the concept of writs and funnelled such powers to fruitfully enforce the fundamental rights... Read More
The court observed that, it is a common misperception that a person facing a life sentence has an unassailable right to be released after serving 14 or 20 years in jail. No such right exists for the prisoner. Subject to any remission granted by the appropriate government under Section 432 of the Code of Criminal Procedure, which in turn is subject to the procedural checks in that section and the substantive checks in Section 433A of the Code of Criminal Procedure, a convict serving a life sentence is expected to remain in custody until the end of his life.