SC asks UP official to explain delay in considering convict's remission

New Delhi [India], August 12 : The Supreme Court on Monday asked Principal Secretary of Prison Administration Department in Uttar Pradesh to explain the long delay while considering the case of the petitioner for grant of permanent remission.
A bench of justices, Abhay S Oka and Augustine George Masih, asked Rajesh Kumar Singh, Principal Secretary, Prison Administration Department, to file an affidavit setting out on oath what he had stated before the bench orally.
Rajesh Kumar Singh, Principal Secretary, Prison Administration Department, appeared through video conference pursuant to our order dated August 5, but failed to give any explanation for the long delay in making compliance with the orders of this Court.
The court also noted that now he is giving an excuse that the file is pending with the competent Authority.
The court expressed shock when it was apprised of the fact that the file forwarded to the Secretariat of the Chief Minister of Uttar Pradesh was not accepted and, ultimately, the file was sent to the Secretariat of the Chief Minister only after the expiry of the Code of Conduct.
However, in the order dated May 13, 2024, the top court has made it clear that the Code of Conduct will not come in the way of the State Government while considering the case of the petitioner for grant of permanent remission.
"We direct Shri Rajesh Kumar Singh to file an affidavit giving details, such as names of the officers in the office of the Secretariat of the Chief Minister of Uttar Pradesh who refused to accept the file. He will also place on record whether any effort was made by him to represent before the concerned officers in the Secretariat of the Hon'ble Chief Minister that the Government was bound by the order of this Court dated May 13, 2024," the top court said.
Even in this case, as of today, there is no decision taken by the State Government, the top court said.
The Supreme Court on Monday (August 12) directed the Principal Secretary of the Uttar Pradesh Prisons Administration Department to place on affidavit his stance that the Chief Minister Secretariat refused to accept a file regarding a convict's permanent remission plea citing Model Code of Conduct (MCC).
"Before we issue a notice of contempt to the appropriate officers of the State Government, we direct Shri Rajesh Kumar Singh to file an affidavit setting out on oath what he has stated before us orally. Necessary correspondence made with the Secretariat of the Chief Minister of Uttar Pradesh in connection with the case of the petitioner shall also be placed on record. The said affidavit shall be filed by 14th August, 2024," the top court said.
The court listed the matter on August 20 for further hearing.
The court was hearing a plea by a convict seeking grant of permanent remission. The court has earlier directed Uttar Pradesh Government to consider the case of the petitioner for grant of permanent remission as per the applicable policy in accordance with law.
In the last hearing on August 4, the court has directed Principal Secretary of Prison Administration Department in Uttar Pradesh to remain present in the court on the next date fixed for hearing.
The court had also noted that almost time of four months has elapsed since the order dated 10th April, 2024 was passed by this Court directing the respondent-State of Uttar Pradesh to consider the case of the petitioner for grant of permanent remission.
"As far as the State of Uttar Pradesh is concerned, we have repeatedly noticed that the orders of this Court directing consideration of premature release are not being implemented within the time fixed by this Court," the top court said in its August 4 order.