SC directs all states, UTs to inform convicts the decision taken on their remission pleas
New Delhi, Sep 10 (Agency) The Supreme Court on Tuesday directed all the State governments and Union Territories to ensure that a copy of the decision made on whether to grant remission (premature release from prison) to convicts or not should be immediately provided to them undergoing the sentence. A Bench comprising Justice Abhay S Oka and Justice Augustine George Masih said that it was the right of the prisoners to be made aware of the information so that they can make necessary arrangements to challenge an order rejecting a remission plea. The Court said the National Legal Services Authority (NALSA) should look into this aspect and come out with suggestions to ensure that immediate legal aid is made available to prisoners so that such orders can be challenged. The Court asked NALSA whether there is any direction by the Supreme Court which suggests the manner in which the rejection is to be communicated? If it is not, we may pass directions.
“NALSA guidelines also do not talk about this, ” Justice Oka said. Legal services authority should let prisoners know that they can challenge these cases of rejection, Justice Oka added. The Bench was hearing a suo motu public interest litigation (PIL) petition on the grant of bail in cases where appeals of convicts against their conviction have remained pending for long. The court directed all the states to issue directions to jail authorities to provide data on undertrials languishing behind bars due to non-fulfilment of bail conditions. In earlier orders, the Supreme Court had laid out a procedure for disposing of all bail applications and appeals in such cases, and involving a single offence, in one go. The Court had also called for enlarging the accused on bail unless in long pending cases, and also said that there exist special circumstances for not doing so.
Senior Advocate Liz Mathew who was appointed as Amicus Curiae in the case, submitted compliance reports submitted by various States on the processing of the remission applications. The Court then passed directions in respect of prisoners in Manipur, Assam and West Bengal. The Supreme Court had earlier directed that Persons in jail who have completed at least 10 years of sentence and whose appeals are not likely to be heard anytime soon, should be enlarged on bail, provided there are no other extenuating circumstances The Court also directed that the Local courts may suo motu consider cases where bail is granted but the bail bonds have not been furnished by accused for over a month and relax the bail conditions.