New Delhi: The Supreme Court of India has issued a scathing rebuke to the Uttar Pradesh government for its blatant disregard of court orders related to the timely processing of remission pleas. The court’s criticism came on Monday after the UP government cited the Election Code of Conduct as a reason for failing to act on orders directing the release of convicts. The court has warned of contempt proceedings if the state does not comply with its directives.
On August 5, 2024, the Supreme Court had mandated the Principal Secretary of the Uttar Pradesh Prisons Department, Rajesh Kumar Singh, to appear via video conference to explain the government’s failure to act on remission pleas within the stipulated timeframe. This directive came after the court observed significant delays in processing the remission applications of convicts.
During the hearing, Justice Abhay Oka expressed frustration over the persistent defiance of court orders. “How in every case are you defying our orders of the court? Every time we direct you to consider a case for premature release, you fail to comply,” Justice Oka said.
Singh informed the court that the cases were pending before the competent authority, who was out of station. He claimed that the file concerning the remission plea was sent to the concerned minister on July 5, 2024, and subsequently to the Chief Minister on July 11, 2024. It was further noted that the file reached the Governor on August 6, 2024. Singh stated that the Chief Minister’s secretariat did not receive the file.
Justice Oka was unconvinced by these explanations and questioned, “Who is going to compensate the prisoner for the delay?” Singh’s assertion that the file was not received by the Chief Minister’s secretariat did not satisfy the court.
The bench, comprising Justice Abhay Oka and Justice Augustine George Masih, criticized the state’s handling of the situation. “We strongly disapprove. This is not done. Why is Uttar Pradesh not complying with our orders? We will not leave you like this!” the bench remarked. The court emphasized its dissatisfaction with the state’s conduct and ordered Singh to file an affidavit detailing the names of the officers who did not accept the file and the efforts made to ensure compliance with the court orders.
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The court further directed Advocate Rakesh Kumar to provide an affidavit by August 14, 2024, outlining the circumstances and correspondence related to the non-acceptance of the file. “This is brazen. He is playing with the fundamental rights of convicts,” Justice Oka said, highlighting the gravity of the situation.
The Supreme Court’s dissatisfaction was also evident in its observation of the Principal Secretary’s delay. “What is shocking is the response. He states that notwithstanding the order passed by this court that the code of conduct will not come in the way of deciding remission pleas, the file was forwarded to the Chief Minister’s Secretary only after the code of conduct was over,” the court noted.
The court’s frustration stems from a previous order issued on April 10, 2024, which directed the Uttar Pradesh government to decide on the petitioner’s case for permanent remission within six weeks. Despite this order, no decision had been made by July 10, 2024, even though jail authorities had reportedly recommended approval. The Supreme Court had extended the deadline by two weeks, warning that no further extensions would be permitted. The case was then scheduled for a hearing on August 5, 2024.
The court’s strong stance underscores its commitment to ensuring that justice is administered in a timely manner, free from bureaucratic delays and procedural excuses. As the situation unfolds, all eyes will be on the Uttar Pradesh government to see if it can rectify its approach and adhere to the Supreme Court’s directives to avoid further legal consequences.
