In a significant development, the Supreme Court of India has expressed its displeasure with the State of Uttar Pradesh for failing to adhere to court-mandated timelines for disposing of remission applications of convicts. This issue arose during the hearing of the bail matter of an accused who had applied for remission long ago [Kuldeep v. State of Uttar Pradesh and ors].
A Bench comprising Justices Abhay S Oka and Augustine George Masih presided over the case. When the State's lawyer requested additional time to examine the matter, Justice Oka remarked:
"Four months have passed? We gave you two months. And now still you ask for two more months to decide the plea. Nothing has been done. As far as State of UP is considered, we have seen that the orders passed by this court for considering remission plea of accused persons in a specific time is not at all considered."
Due to the state's continued delays, the Bench directed the concerned Principal Secretary of Uttar Pradesh to be present before the Court via video conference on August 19.
"We want to correct the system in which you are falling. We direct Principal Secretary of the concerned department to remain present via VC on August 19," the Court ordered.
This stern directive stems from a series of directions issued by the Supreme Court in February 2023 aimed at streamlining the process of premature release of prisoners in Uttar Pradesh. The Court sought to institutionalize the process and minimize arbitrariness by mandating strict compliance with existing laws and setting a three-month timeline for decisions on remission applications.
Furthermore, the Supreme Court ordered the creation of an online dashboard to provide information on all convicts undergoing imprisonment and the dates when they would become eligible for premature release. Despite these clear guidelines, the State of Uttar Pradesh's lack of action has led to this direct intervention by the highest court.
As the August 19 date approaches, all eyes will be on the response from the Principal Secretary and the measures the state will implement to address the Supreme Court's concerns. This case underscores the judiciary's ongoing efforts to ensure timely justice and uphold the rights of convicts seeking remission.
The Supreme Court's intervention highlights a critical aspect of the criminal justice system: the right of convicts to be considered for remission in a timely manner. The directive to summon the Principal Secretary via video conference indicates the Court's serious intent to enforce compliance and rectify systemic delays.
"We are committed to ensuring that the process of considering remission pleas is conducted fairly and within the stipulated timeframe. The failure to do so undermines the principles of justice and rehabilitation that our legal system strives to uphold," the Court emphasized.
The coming days will reveal how the Uttar Pradesh administration responds to the Supreme Court's orders and what steps will be taken to improve the efficiency and transparency of the remission process. This case serves as a reminder of the judiciary's vital role in maintaining checks and balances within the criminal justice system, ensuring that the rights of all individuals, including convicts, are protected.
As we observe the developments, it becomes evident that the judiciary's proactive stance is essential in addressing administrative inertia and ensuring that justice is not only done but seen to be done. The Supreme Court's vigilance in this matter underscores its role as a guardian of constitutional rights and a beacon of hope for those seeking timely and fair justice.
TAGS: Supreme Court Uttar Pradesh Remission Principal Secretary Delays Justice Timeline
