Remission Policy : Whether perpetrators of terror acts eligible ??

Supreme Court Tags Remission Policy Challenge with Similar Cases. Supreme Court to Review Jammu & Kashmir's Remission Policy Excluding Terror Perpetrators

In a significant development, the Supreme Court of India, on November 11, 2025, considered the petition filed by Ghulam Mohammad Bhat challenging the remission policy of the Union Territory of Jammu and Kashmir. The policy in question renders individuals labeled as perpetrators of terror acts ineligible for remission benefits.

The petitioner, represented by Senior Advocate Colin Gonsalves, contended that the policy unfairly categorizes certain acts as terror activities, thus excluding many from potential early release. The counsel argued that the petitioner's actions do not meet the definition of a 'terrorist act' as outlined in the remission policy. This stance, however, was contested by the respondents, represented by Additional Solicitor General K.M. Nataraj, who maintained that the policy's stipulations were correctly applied.

The Supreme Court, comprising Justices Ahsanuddin Amanullah and K.V. Viswanathan, acknowledged the need for a thorough adjudication of the case. The matter has been tagged with similar pending cases before the court, specifically those challenging Rule 54(1) of the Jammu & Kashmir Jail Manual regarding remission and premature release policies. The court allowed the petitioner's request to amend the challenge to the remission policy, thus reinforcing the necessity to examine the policy's implications and fairness comprehensively.

This legal contest arises amid broader discussions on the appropriateness and fairness of remission policies, especially concerning their application to those involved in alleged terrorism-related activities. The outcome of this case could have significant implications for the interpretation of remission policies across India, particularly in regions with complex political and social dynamics like Jammu and Kashmir.

As the Supreme Court prepares to deliberate on this critical issue, the case has garnered attention from legal experts and human rights advocates who argue for a balanced approach that ensures justice while maintaining national security.

Bottom Line:

Remission Policy of State Government - Eligibility for benefits under remission policy - Challenge to stipulation rendering perpetrators of terror acts ineligible - Matter requires consideration and is tagged with similar pending cases before the Supreme Court.

Statutory provision(s): Remission Policy of Jammu & Kashmir, Rule 54(1) of the J & K Jail Manual

Ghulam Mohammad Bhat v. Union Territory of Jammu and Kashmir, (SC) : Law Finder Doc Id # 2809094