Supreme Court Criticizes Uttar Pradesh Govt For Delay In Deciding Remission Application, Directs Secretary To Appear
The Supreme Court on Monday (August 5) ordered the Principal Secretary of the prisons department of Uttar Pradesh to appear before the Court via video conference on August 19, 2024 over the government's failure to timely decide remission plea of a convict.
A bench of Justice Abhay Oka and Justice Augustine George Masih criticized the State of UP for its failure to adhere to court-imposed deadline regarding the processing of remission application of the convict.
On April 10, 2024, the Court had directed the State to decide on the petitioner's case for permanent remission within six weeks. On July 10, 2024, the Court noted that despite the passage of twelve weeks, no decision had been made, although the jail authorities had reportedly recommended approval. The Court extended the deadline by two weeks, with no further extensions permitted, and scheduled the next hearing for August 5, 2024.
Despite previous court orders, on Monday, the advocate appearing for the State sought additional time to review the application. Justice Oka expressed dissatisfaction with the delay, highlighting that the State had not complied with the earlier directions for timely consideration of remission pleas. Therefore, the Court summoned the Principal Secretary to appear before it.
The Supreme Court last year noted that UP's inconsistent application of its remission policy was problematic and held that the State must adhere to its established statutes, rules, and policies for remission as any deviation could disadvantage prisoners who lack resources or awareness. In 2022, the Court had directed that the authorities must consider remission once a convict becomes eligible without a formal application from the prisoner for considering remission.
Case no. – W.P. (Crl.) No. 129/2024
Case Title – Kuldeep v. State Of UP And Ors.