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Legal Review and Analysis of Parveen Kumar @ Parveen Chauhan vs State of Haryana & Ors 2026 INSC 667
Constitutional Remission Policy Prevails Over Statutory Policy
Case Snapshot
Case Name: Parveen Kumar @ Parveen Chauhan v. State of Haryana & Ors.
Citation: 2026 INSC 667
Bench: Justice Sanjay Karol and Justice Nongmeikapam Kotiswar Singh
Date of Judgment: July 1, 2026
Area of Law: Criminal Law, Constitutional Law, Remission, Prisoners' Rights
Judgment in Brief
The Supreme Court held that the appellant's application for remission would be governed by the Haryana Government's 2002 Policy on premature release of life convicts, and not the subsequent 2008 Policy. The Court distinguished between policies framed under Article 161 of the Constitution (executive power of the Governor) and those framed under Section 432 of the Code of Criminal Procedure, 1973 (statutory power). The 2002 Policy, which explicitly required orders to be passed by the Governor under Article 161, was held to be constitutional in nature and could not be overridden by the later 2008 Policy, which was framed under Section 432 CrPC. The Court also held that the earlier two-judge Bench decision in State of Haryana v. Raj Kumar was per incuriam as it contradicted the larger three-judge Bench decision in Jagdish v. State of Haryana. The State was directed to decide the appellant's remission application within four weeks.
Relevant Facts
The appellant was convicted for murder and sentenced to life imprisonment on January 3, 2009.
On May 26, 2022, he filed a representation seeking premature release under the 2002 Policy, having served 14 years of actual imprisonment.
His representation was rejected on October 20, 2022, on the ground that he would be governed by the 2008 Policy, under which he had not completed the required period of 20 years of actual sentence and 25 years of total sentence.
The appellant approached the High Court, which dismissed his writ petition, relying on State of Haryana v. Raj Kumar, which held that the 2002 Policy was statutory and had been superseded by the
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