'Not Even An Apology Tendered': Supreme Court Criticises Gujarat Govt For Not Deciding Remission Application Despite Direction

The Supreme Court on Monday directed the release of a prisoner on parole, due to the delay of one year on the part of the Gujarat Government in considering his prayer for premature release. The Apex Court also directed the State Government to place its decision on record within two weeks.

A bench of Justice Abhay S Oka and Justice Pankaj Mithal noted that in its previous order dated 28.08.2023, the Court had criticised the State Government for its delay in considering the proposal and had directed the decision to be placed before the Court in two weeks. On 11.09.2023, while examining the affidavit filed by the Jail Superintendent of Lajpore Central Prison, Surat, the Apex Court expressed its strong displeasure at the continued delay by the State in making its decision. The Court also criticised the State for not apologizing for the delay:

“Firstly, the State has not applied for extension of time to comply with the last order. The affidavit shows that ADGP is still in the process of preparing a proposal for submitting it to the State Government (Home Department) for passing final order. The affidavit is silent about the time frame in which that will be done. The State has not applied for extension of time granted under order dated 28.08.2023. Not even an apology has been tendered for the delay. On the contrary, in paragraph 16, the State has defended the delay but has also said that there were administrative lapses.”

In its order dated 28.08.2023, the Apex Court had recorded that a year ago, the Jail Advisory Committee was of the unanimous opinion that the petitioner should be granted remission. In November 2022, the State of Gujarat had returned the proposal on the ground that it was stale. In its previous order the Apex Court had said that the State is itself to blame for the delay and had directed it to take a decision on the proposal in two weeks.

The Court subsequently on 11.09.2023, strongly criticised the state for failing to comply with its previous order.

Case : Mafabhai Motibhai Sagar v. State of Gujarat

Citation : 2023 LiveLaw (SC) 774

Click here to read the order