Convicts’ plea not must, government can decide on early release: SC

NEW DELHI: As many poor prisoners keep languishing in jails because they are not aware about their right to seek remission of sentence, Supreme Court has put the onus on the govt to consider on its own and grant

premature release

to all those who are eligible, without waiting for a formal application.
In an important verdict to ensure that convicts who are eligible for remission don't remain behind bars, a bench of Justices Abhay S Oka and Ujjal Bhuyan ruled on Tuesday that it is the duty of the appropriate govt to consider cases of all convicts for grant of premature release as and when they become eligible for consideration in terms of the policy.
The court said it is an obligation of the state to consider the case of every eligible convict for remission. The bench said, "When a state govt or UT has adopted a policy for the grant of permanent remission, which incorporates conditions for eligibility, it becomes an obligation of the state govt or the UT to consider cases of all eligible convicts for the grant of permanent remission as per the policy adopted." "If such a policy exists and if the state or UT raises a contention that relief will be granted only to those who apply as per policy, it will amount to saying that even if convicts are eligible for consideration in terms of the policies, their cases will not be considered in terms of the policy. Such conduct on the part of the states will be discriminatory and arbitrary and amount to violation of Article 14 of the Constitution," it ruled.
The court also directed that those states and UTs, which have not formulated a remission policy yet, must do so within two months in terms of Section 432 of the CrPC or Section 473 of the BNSS.

It said the govt can impose conditions while granting permanent remission to ensure that the criminal tendencies, if any, of the convict remain in check and that the convict rehabilitates himself in society. The court said if a UT has adopted a policy for the grant of permanent remission, which incorporates conditions for eligibility, it becomes an obligation of the state govt or the UT to consider cases of all eligible convicts for the grant of permanent remission as per the policy adopted.
"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.
In case the govt refuses to grant remission, then it has to pass an order to give reasons for denying it, and the order should be immediately communicated to the convict through the office of the prison concerned.