Today, On 10th September, The Supreme Court directed States and Union Territories to promptly communicate their decisions regarding the remission of convicts. The Court emphasized that prisoners should be informed of their right to challenge any denial of remission through legal avenues. Additionally, the legal services authority has been tasked with ensuring that convicts are aware of their right to appeal against rejection orders.
New Delhi: The Supreme Court, On Tuesday, directed all State governments and Union Territories to ensure that once a decision is made regarding the remission (early release) of a convict, a copy of the decision must be immediately provided to the convict.
A Bench comprising Justices Abhay S. Oka and Augustine George Masih emphasized that it is essential for prisoners to be informed of their right to challenge the denial of a remission request.
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The Court also urged the National Legal Services Authority (NALSA) to examine this issue and provide recommendations to ensure prompt legal assistance is available to prisoners, enabling them to challenge such orders.
Justice Oka, during the hearing, remarked,
“Is there any specific process through which these rejections are communicated to individual prisoners? Has this court issued any direction on how to inform them? If not, we may pass orders. To the best of my knowledge, NALSA guidelines also do not address this. Legal services should inform prisoners that they can challenge these rejections. We will review this.”
The Supreme Court hearing a suo motu public interest litigation (PIL) concerning the issue of granting bail to convicts whose appeals against their convictions have been pending for an extended period.
In previous orders, the Court outlined a procedure for handling all bail applications and appeals involving single offenses together, ensuring efficient case disposal.
Additionally, the Court advocated for granting bail to the accused in such prolonged cases unless specific circumstances justify otherwise.
During the hearing, Amicus Curiae, Senior Advocate Liz Mathew, presented compliance reports from various States regarding the processing of remission (early release) applications.
Following the submissions, the Court issued directives concerning prisoners in the states of Manipur, Assam, and West Bengal.
Importantly, in earlier rulings, the Supreme Court stressed that,
- Prisoners who have served at least 10 years of their sentence, and whose appeals are unlikely to be heard soon, should be granted bail unless there are special circumstances preventing it.
- All States must instruct jail authorities to submit data on undertrial prisoners who remain incarcerated due to the inability to meet bail conditions.
- Local courts should consider relaxing bail conditions on their own in cases where accused individuals have been unable to furnish bail bonds for more than a month.
The Supreme Court’s directive aims to address delays in the remission process and ensure convicts are aware of their rights, while also promoting a more efficient approach to dealing with long-pending appeals and bail cases.