HPCs Will Not Affect Remission Boards; Prisoners' Applications For Early Release Under Sections 432, 433A CrPC Must Be Considered : Supreme Court

The Supreme Court on Tuesday clarified that the constitution of High-Powered Committees in State Governments to de-congest prisons will not stand in the way of remission boards considering applications for remissions of prisoners under Sections 432, 433A of the Code of Criminal Procedure.A vacation bench comprising Justices L Nageswara Rao and Aniruddha Bose clarified that the order passed on May 7 - which directed the HPCs to consider grant of parole or interim bail to identified categories of prisoners to decongest prisons during the pandemic - will not affect the functioning of remission boards."In the May 7th order, there is no mention of release of prisoners entitled for premature release under 432,433 A CrPC. It is clarified that competent authorities, i.e the remission boards etc, shall continue to proceed with the release of those who are entitled to premature release section 432 and 433A CrPC", the bench ordered.The bench passed the order in an application filed by Advocate Talha Abdul Rehman, represented by Advocate Shoeb Alam, who pointed out that remission boards are not taking up remission applications after the constitution of HPCs.The May 7 order was passed by a 3-judge bench led by the Chief Justice of India in the suo moto case In Re Contagion of COVID Virus in Prisons in which a slew of directions were issued to de-congest prisons during the second wave of the panemic.Last year, during the first wave of the COVID-19 pandemic, the Supreme Court had directed the constitution of High Powered Committees in all states to consider the release of convicts and under-trials in less heinous offences on interim bail or parole so as to de-congest prisons.The Supreme Court had suggested that the HPCs could consider the release of prisoners who have been convicted or are undertrial for offences for which prescribed punishment is up to 7 years or less, with or without fine and the prisoner has been convicted for a lesser number of years than the maximum.The HPCs were to consist of (i) Chairman of the State Legal Services Committee, (ii) the Principal Secretary (Home/Prison) by whatever designation is known as, (ii) Director General of Prison(s).When the pandemic started to recede by November-December last year, many High Courts/HPCs cancelled the interim bail, and asked the prisoners to surrender.Click here to read/download the order

HPCs Will Not Affect Remission Boards; Prisoners' Applications For Early Release Under Sections 432, 433A CrPC Must Be Considered : Supreme Court

Srishti Ojha

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