New Delhi: The Supreme Court on Monday said it is shocking that the Principal Secretary, of the Prison Administration Department, Uttar Pradesh is citing the code of conduct as an excuse for not deciding on a remission plea by a prisoner. The apex court also directed the principal secretary to file an affidavit giving details: names of the officers in the office of the secretariat of the Chief Minister of Uttar Pradesh, who refused to accept the file regarding prisoner's remission.
During the hearing, a bench comprising justices Abhay S Oka and Augustine George Masih observed, “We strongly disapprove. This is not done…”. “Why is Uttar Pradesh not complying with our orders? We will not leave you like this…”, said the bench. The bench minced no words in criticising the officials concerned for sitting on remission pleas and orally pointed out that it violates the fundamental rights of convicts and the court will not approve of it.
The bench, in its order, said Rajesh Kumar Singh, principal secretary, of the Prison Administration Department, appeared through video conference according to the order on August 5. The bench said he has hardly any explanation to offer for the long delay in making compliance with the orders of this court and now he is giving an excuse that the file is pending with the competent authority.
“What is shocking is the response of Rajesh Kumar Singh…he states that notwithstanding the order dated May 13, 2024, passed by this court in writ petition making it very 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, 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 code of conduct”, said the bench, in its order, which was uploaded in the evening.
The apex court directed Singh to file an affidavit disclosing 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 officers concerned in the Secretariat of the Chief Minister that the Government was bound by the order of this Court dated 13th May 2024”, said the bench.
The bench said, “Even in this case, as of today, there is no decision taken by the State Government. Before we issue a notice of contempt to the appropriate officers of the State Government, we direct 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 in writ petition shall also be placed on record. The said affidavit shall be filed by August 14, 2024. List both the Petitions on August 20, 2024”, said the bench. The bench passed the order on a petition filed by one Kuldeep.
The apex court in April this year granted six weeks to the Uttar Pradesh government to decide on the remission plea of the prisoner. In July, the top court was informed that the state government had not passed any order.
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