The Supreme Court on Monday blasted the Uttar Pradesh government over defying court orders to decide remission pleas on court mandated timelines. The court slammed the UP governement after it cited code of conduct as an explaination for not following the court order directing release of convicts. The court pointed out that it had clarified that Election Code of Conduct will not come in the way of deciding remission. The top court came down heavily on the Principal Secretary of the prison department of the state of Uttar Pradesh and warned the state of contempt of court proceedings for defying court orders.
The Supreme Court on August 5, directed the Principal Secretary of the prisons department of Uttar Pradesh to appear before the Court via video conference in next hearing and explain the government's failure to timely decide remission plea of a convict.
Today, Justice Abhay Oka questionsed the Principal Secretary Rajesh Kumar Singh for a delay of 2-3 months: "How in every case you are defying our orders of the court. Every case where we direct you to consider case for premature release, you don't comply?"
Singh informed the court that all cases are before the competent authority. However, the concerned authority was outstation, who is likely to return today and it will be taken.
He further told the court that he sent the file to the concerned minister on July 5 and from there it was sent to Chief Minister on July 11 and Governor on August 6.
Justice Oka asked: "Who is going to compensate the prisoner for delay?"
Singh however, told the court that the Chief Minister's secretariat did not receive the file.
"We strongly disapprove. This is not done. Why the Uttar Pradesh is not complying with our orders? We will not leave you like this!" The bench remarked.
The Supreme Court then asked Singh to file an affidavit saying Hon'ble CM Secretariat did not accept the file and name the officers who did not accept it in the affidavit.
"Sitting over our orders, look at the conduct. CM Secretariat officers!" the bench said.
"It is recorded that file was sent to chief minister only after code of conduct was over. We direct that Advocate Rakesh Kumar to produce the names of those responsible who refused to accept the file...before any decision on contempt, we direct that the affidavit be produced along with necessary correspondence with officers in office of Chief Minister by August 14," the court ruled.
"This is brazen. He is playing with the fundamental rights of convicts," Justice Oka said.
The court observed in its order that the Principal Secretary has hardly any explanation for long delay.
"What is shocking is the response. He states that notwithstanding order passed by this court that code of conduct will not come on the way to decide remission plea, file forwarded to the secretary of Chief Minister was not accepted. Ultimately file was sent to the Chief Minister's secretariat only after the code of conduct was over. We direct the Principal Secretary to file an affidavit giving details of names of officers who refused to accept the files. He'll also state whether any effort was made by him to present before the concerned officers that the govt was bound by court orders. Before we issue contempt notice we direct Mr. Rakesh Kumar to file an affidavit setting out what he has told us orally."
In the last hearing the bench of Justice Abhay Oka and Justice Augustine George Masih criticised the State of UP for its failure to adhere to court-imposed deadline in the processing of remission application of the convict.
On April 10, 2024, the Court had directed the State to decide on the petitioner's case for permanent remission within six weeks.
On July 10, 2024, the Supreme Court noted that despite the passage of twelve weeks, no decision had been taken, although the jail authorities had reportedly recommended approval.