75-Year Old Prisoner Dies Awaiting Remission : Supreme Court Directs UP Govt To Decide Remission Applications Expeditiously

Taking note of the death of a 75-year old prisoner while his application seeking remission was pending before the the State of Uttar Pradesh despite the categorical order of the Supreme Court to take a decision, the Court has directed that the State to take appropriate remedial steps to ensure that the applications for premature release/remission are disposed off expeditiously. The Court has ordered that a status report in this regard would be submitted within a period of eight weeks.The Court also asked the Chief Secretary, state of UP to examine whether there was any delay and lapse on the part of the authorities to consider and decide the application for premature release/remission of the 75-year old petitioner.The bench of Justices Sanjiv Khanna and Bela M Trivedi was hearing an application moved by the petitioner, Irshad, as the respondent authorities had failed to decide his application for pre- mature release/remission, despite the Supreme Court on 28.6.2021 having directed the authorities concerned to take final decision on the recommendation seeking pre-mature release of the petitioner within a period of four weeks. The bench had issued notice on the MA on March 16, directing, "Issue notice, returnable on April 8, 2022. Dasti, as well. Notice would be served on nominated/standing counsel for the state of UP who would obtain instructions and if the petition/representation is still pending, request the authorities would pass appropriate orders in accordance with law. The orders if passed would be place on record"On Friday, the bench noted, "The petitioner has expired during the pendency of the present application, which is moved as the respondent has failed to decide the petitioner's application for pre- mature release/remission. As the petitioner has expired, the present application has become infructuous."The bench continued to direct, "However, copy of this order along with the details of the petitioner will be sent to the Chief Secretary, state of UP, who will examine whether there was any delay and lapse on the part of the authorities to consider and decide the application for premature release/remission."Moreover, the bench ordered, "Further, appropriate and remedial steps would be taken to ensure that the applications for premature release/remission are disposed off expeditiously. The status report in this regard would be submitted in this Court within a period of eight weeks from today."In its 28.6.2021 order, the Court had observed, "The petitioner seeks pre-mature release on the submission that he has completed 13 years of actual custody and 14 years 6 months with remission in a conviction under Sections 302/149, IPC. It is submitted that he is 75 years of age and suffers from paralysis hindering daily activities. The Senior Superintendent of Police and District Magistrate has, therefore, recommended his release. It still awaits decision by the state government""We dispose off this writ petition with a direction to the authorities concerned to take final decision on the recommendation seeking pre-mature release of the petitioner within a period of four weeks from today", the Court had directed.Case Title: Irshad v. State of UP & Anr.Click Here To Read/Download Order

75-Year Old Prisoner Dies Awaiting Remission : Supreme Court Directs UP Govt To Decide Remission Applications Expeditiously

Mehal Jain

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