[Application On Permanent Remission] Supreme Court Pulls Up State of Uttar Pradesh For Non-Compliance of Earlier Order; Seeks Affidavit

The Supreme Court of India recently rapped the State of Uttar Pradesh for not complying with the Court’s earlier order which directed to consider and pass orders on the application of a convict seeking permanent remission.

A Bench headed by Justice Abhay S Oka came down heavily on the State for not complying the Court’s order dated February 7 and had asked Rajesh Kumar Singh, Principal Secretary (Prison), State of Uttar Pradesh to appear through video conferencing for the hearing on Monday (April 24).

The Bench which also consisted of Justice Rajesh Bindal noted that he was unable to explain why the State Government had not appeared pursuant even after notice was issued; and why the February 7 was not complied with.

During the hearing, the State Government apprised the Bench of its latest affidavit detailing a copy of an order dated April 21, ordering the petitioner’s release on probation under Section 2 of the Uttar Pradesh Prisoners Release on Probation Act, 1938. As the petitioner’s prayer was allowed, the Court proceeded to dispose of the plea. But with strong words.

“If the order of this Court dated 7th February, 2023 would have been obeyed, the petitioner could have been released in February, 2023 itself. By taking on record copy of the order dated 21st April, 2023, we are disposing of the Writ Petition”.

The Bench did not stop at this. It also directed the Singh to file an affidavit explaining four aspects:

1. Why the State was not represented before this Court even though service of notice in terms of the February 7 order was completed
2. Why the State did not comply with the February 7 order
3. Why there is a delay on the part of the state in issuing order dated 21st April, 2023.

To look into the contents of the affidavit, the court has listed the case on May 8.

Case Title: Babu Khan vs State of Uttar Pradesh | Writ Petition(s)(Criminal) No(s). 34/2023

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