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Supreme Court of India· 10 September 2026

Can a precedent on remission be mechanically applied where the case rests on a sovereign assurance given in the context of extradition?

ABU SALEM ABDUL QAYOOM ANSARI v. STATE OF MAHARASHTRA & ORS
2026 INSC 982
Coram: Justice Vikram Nath · Justice Sandeep Mehta
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Answer

A precedent on remission cannot be mechanically applied where the case rests on a sovereign assurance given in the context of extradition.

No. None of the cases relied upon by the appellant involved a sovereign assurance given in the context of extradition, so the principle governing computation of remission in those decisions cannot be mechanically applied here; the law of precedent operates upon the ratio decidendi read in the context of its material facts, and a precedent cannot be applied divorced from the factual and statutory setting in which it was rendered.

Headnote

Criminal Appellate Jurisdiction — Sentence computation — TADA (P) Act, 1987 — Constitution of India, 1950 — Art.72 — Code of Criminal Procedure, 1973 — ss.432, 433 — Remission — Sovereign assurance — Sentence computation — Concurrent sentences — Double counting of custody — Held: The same period of incarceration cannot be notionally counted twice — once as undertrial custody preceding one conviction and again as post-conviction custody for another — where the two sentences run concurrently. (¶14, 15) Jail-earned remission — Life sentence bounded by sovereign assurance — Held further: Jail-earned remission is not available against a sentence that continues to be one of life imprisonment merely because a sovereign assurance fixes the outer limit of detention; the stipulation does not convert a life sentence into a fixed-term sentence. (¶26, 29) Constitution of India, 1950 — Art.72 — Code of Criminal Procedure, 1973 — ss.432, 433 — Separation of powers — Held further: The Executive's power to consider remission or commutation under Art.72 or ss.432–433 CrPC upon completion of the stipulated period is a separate exercise of executive power that does not alter or convert the judicial sentence. (¶24, 25) Precedent — Ratio decidendi read with material facts — Held further: A precedent on remission cannot be mechanically applied where the case rests on a sovereign assurance given in the context of extradition, not an ordinary sentencing scheme; appeal dismissed in limine. (¶30, 31, 32, 33)

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In the Court's own words
Paragraph 30The reliance placed by learned senior counsel on Yovehel (supra), Swamy Shraddananda (supra) and V. Sriharan (supra) is, in our considered view, misplaced. The factual and legal context in those cases was materially different. None of those cases involved a sovereign assurance pursuant to which the Executive had undertaken, in the context of extradition, that the prisoner would not be detained beyond a stipulated period. The principle governing the computation of remission in those cases cannot, therefore, be mechanically applied to the present case, where the appellant’s sentence remains one of life imprisonment and the twenty-five-year stipulation operates by virtue of the sovereign assurance.
Paragraph 31The law of precedent operates upon the ratio decidendi of a decision read in the context of its material facts and the legal issue arising therein. A precedent cannot be applied divorced from the factual and statutory setting in which it was rendered. The decisions relied upon by the appellant, therefore, do not advance his case.
Acts & Sections
Art.72 Constitution of India, 1950s.432 Code of Criminal Procedure, 1973s.433 Code of Criminal Procedure, 1973

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Also decided in this judgment
Can the same period of custody be counted twice, as undertrial custody for one conviction and as post-conviction custody for another, where sentences run concurrently?Is jail-earned remission available where the sentence continues to be one of life imprisonment?
Plain-language answer prepared by the LexStreak Editorial Desk — verify against the judgment. Source: Supreme Court of India. Corrections