Supreme Court Questions Gujarat Govt On Time Taken To Decide Remission Applications, Seeks Details Of Pending Petitions For Premature Release

The Supreme Court has asked the State of Gujarat to explain the time span taken to decide applications filed by prisoners seeking remission. The Court further asked the State to inform the number of petitions pending in High Courts and Supreme Court seeking premature release.

A bench comprising Justices Abhay S Oka and Pankaj Mithal was hearing a writ petition filed by a prisoner seeking consideration of his remission application. Earlier, the Court had reprimanded the State for not deciding the remission application despite a judicial order.

Following the Court's rebuke, the State on September 15, 2023, passed an order granting permanent remission to the petitioner. However, the remission was subject to four conditiions.

The Court expressed a prima facie view of whether such conditions can be imposed. One condition was that the remission was open to revocation.

"Prima facie, we find that conditions Nos.1 to 3 could not have been imposed after coming to the conclusion that this was a fit case to exercise power of the State Government under Section 432 of the Code of Criminal Procedure, 1973. Apart from the question of the authority of the State to impose such conditions, another important question is whether the grant of remission can be conditional which is open to revocation, as provided in the second condition." the Court said in the order.

The Court asked the State to explain whether such conditions can be lawfully imposed and whether the policy of the State Government provides for incorporating such conditions.

The Court further said that in the affidavit, the State must also explain the normal time span taken by it to consider the cases for the grant of permanent remission. The State should also inform the Court whether a specific time line has been prescribed for taking decisions on the prayer for grant of permanent remission. Also, the State Government must point out how many Writ Petitions are pending in the constitutional Courts making grievances about the non-consideration of the prayer for grant of remission.

The matter will be next considered on November 24, 2023. 

The petitioner was represented by Advocate-on-Record Rauf Rahim and Advocate Ali Asghar Rahim. AoR Swati Ghildiyal appeared for the State.

Also Read - Bilkis Bano Case | Supreme Court Refers To 'Privilege' Of Convicts In Getting Parole For Hundreds Of Days Unlike Many Other Convicts 

Case Title : Mafabhai Motibhai Sagar v. State of Gujarat

Click here to read the order