New Delhi, Feb 18 (PTI) The Supreme Court on Tuesday said states and union territories had an obligation to consider the premature release of all convicts and it was not necessary for them to apply for permanent remission.
A bench of Justices Abhay S Oka and Ujjal Bhuyan directed states and union territories not having a remission policy under Section 432 of the CrPC or Section 473 of the BNSS to formulate a policy within two months.
“Where there is a policy of the appropriate government laying down guidelines for consideration of the grant of premature release under Section 432 of the CrPC or Section 473 of the BNSS, it is the obligation of the appropriate government to consider cases of all convicts for grant of premature release as and when they become eligible for consideration in terms of the policy,” it said.
The court went on, “In such a case, it is not necessary for the convict or his relatives to make a specific application for grant of permanent remission. When the jail manual or any other departmental instruction issued by the appropriate government contains such policy guidelines, the aforesaid direction will apply.” The judgement came in a suo motu case over the grant of bail.
The top court said the government concerned had the power to incorporate suitable conditions in an order granting permanent remission and consideration of various factors was necessary before finalising the riders.
“The conditions must aim at ensuring that the criminal tendencies, if any, of the convict remain in check and that the convict rehabilitates himself in the society. The conditions should not be so oppressive or stringent that the convict is not able to take advantage of the order granting permanent remission. The conditions cannot be vague and should be capable of being performed,” it said.
Observing the order granting or refusing permanent remission must contain brief reasons, the apex court said it should be immediately communicated to the convict through the office of the prison.
The copies should be forwarded to the secretaries of the district legal services authorities concerned, it added.
The court said it was the duty of the prison authorities to inform the convict of his right to challenge the order rejecting remission.
“An order granting permanent remission cannot be withdrawn or cancelled without giving an opportunity of being heard to the convict. An order of cancellation of permanent remission must contain brief reasons. The District Legal Services Authorities shall endeavour to implement National Legal Services Authority SOP in its true letter and spirit,” said the bench.
The district legal services authorities should also monitor implementation of conclusion as recorded, it added.
The legal services authorities, the court said, should maintain the relevant date of the convicts and whenever they were eligible for a consideration for grant of premature release, they should do the needful.
The legal services authorities should create a portal on which such a data could be uploaded on a real time basis, it added.
The court directed for a copy of its judgment to be forwarded to National Legal Services Authority which in turn would forward the same to the legal service authorities of the states and union territories to enable them to monitor implementation of the directions issued under this judgment. PTI PKS AMK
This report is auto-generated from PTI news service. ThePrint holds no responsibility for its content.