A two-judge bench, consisting of Justices Abhay Oka and Augustine George Masih “We strongly disapprove. This is unacceptable. Why is UP not following our orders? We will not let this slide,” while hearing a convict’s plea for remission in line with the state’s applicable policy.
NEW DELHI: The Supreme Court today (12th Aug) reprimanded Uttar Pradesh for failing to adhere to court-mandated deadlines concerning remission applications for convicts.
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A two-judge bench, consisting of Justices Abhay Oka and Augustine George Masih, expressed strong disapproval, stating,
“We strongly disapprove. This is unacceptable. Why is UP not following our orders? We will not let this slide,”
while hearing a convict’s plea for remission in line with the state’s applicable policy.
The court criticized the Uttar Pradesh Government for delaying remission requests, infringing on the fundamental rights of convicts.
“This is outrageous. It violates the fundamental rights of convicts. We strongly disapprove. This is not done,”
remarked Justice Oka.
The court was particularly displeased when the state’s counsel requested additional time, citing that the “competent authority is on leave.”
“How can it take 2-4 months even after we’ve issued an order?”
the court questioned.
The Supreme Court directed its criticism specifically at the Principal Secretary of the state’s prison department, warning the government of potential contempt of court proceedings for defying its orders.
On August 5, the Supreme Court instructed the Principal Secretary to appear before the court via video conference during the next hearing to explain the government’s failure to address the remission plea of a convict within the mandated timeframe.
In its order, the court noted that the Principal Secretary had provided little explanation for the prolonged delay. The court was particularly concerned by the response, which indicated that despite the court’s clear instructions, the file sent to the Chief Minister’s secretary was not accepted due to the code of conduct. The file was only forwarded to the Chief Minister’s secretariat after the code of conduct had ended.
The court ordered the Principal Secretary to submit an affidavit detailing the names of the officers who refused to accept the files and to explain whether any efforts were made to comply with the court’s orders. Before issuing a contempt notice, the court directed Mr. Rakesh Kumar to file an affidavit outlining his oral statements.
In the previous hearing, Justices Abhay Oka and Augustine George Masih criticized the Uttar Pradesh government for failing to meet the court-imposed deadline for processing the remission application of the convict.
On April 10, 2024, the court had instructed the state to decide on the petitioner’s case for permanent remission within six weeks. However, by July 10, 2024, the Supreme Court noted that, despite the passage of twelve weeks and favorable recommendations from jail authorities, no decision had been made.
The case is scheduled to be heard again on August 20.
