Uttarakhand High Court
WPPIL/50/2024 on 21 March, 2025
Author: Rakesh Thapliyal
Bench: Rakesh Thapliyal
Office Notes, reports,
orders or proceedings
SL.
Date or directions and COURT'S OR JUDGES'S ORDERS
No
Registrar's order with
Signatures
MCC No. 09 of 2025
In
WPPIL No. 50 of 2024
Hon'ble G. Narendar, C.J.
Hon'ble Rakesh Thapliyal, J.
1. Mr. Sandeep Adhikari, learned counsel for the
applicants.
2. Mr. J.S. Virk, learned Deputy Advocate General
for the State.
3. Heard learned counsel for the interveners /
applicants and learned Deputy Advocate General for
the State.
4. The issue of grant of remission and premature
release in terms of Section 432 of the Cr.P.C. and
corresponding Section 473 of the BNSS, 2023 has been
addressed by the Hon'ble Supreme Court In Re: Policy
Strategy For Grant of Bail (Suo Motu Writ Petition
(Crl) No. 04 of 2021 and the directions issued by
Hon'ble Supreme Court has been encapsulated in
paragraph 21 of the judgment, which reads as under:
"21. We, therefore, record the following conclusions:
a) Where there is a policy of the appropriate Government
laying down guidelines for consideration of the grant of premature
release under Section 432 of the CrPC or Section 473 of the BNSS, it is
the obligation of the appropriate Government to consider cases of all
convicts for grant of premature release as and when they become
eligible for consideration in terms of the policy. In such a case, it is not
necessary for the convict or his relatives to make a specific application
for grant of permanent remission. When the jail manual or any other
departmental instruction issued by the appropriate Government
contains such policy guidelines, the aforesaid direction will apply;
b) We direct those States and Union Territories that do not
have a policy dealing with the grant of remission in terms of Section 432
of the CrPC or Section 473 of the BNSS to formulate a policy within two
months from today;
c) Appropriate Government has the power to incorporate
suitable conditions in an order granting permanent remission.
Consideration of various factors, which are mentioned in the paragraph
13 above by way of illustration, is necessary before finalizing the
conditions. The conditions must aim at ensuring that the criminal
tendencies, if any, of the convict remain in check and that the convict
rehabilitates himself in the society. The conditions should not be so
oppressive or stringent that the convict is not able to take advantage of
the order granting permanent remission. The conditions cannot be
vague and should be capable of being performed;
d) Order granting or refusing the relief of permanent
remission must contain brief reasons. The order containing reasons
should be immediately communicated to the convict through the office
of the concerned prison. The copies thereof should be forwarded to the
Secretaries of the concerned District Legal Services Authorities. It is the
duty of the prison authorities to inform the convict that he has the right
to challenge the order of rejection of the prayer for the grant of
remission.
e) As held in the case of Mafabhai Motibhai Sagar, an order
granting permanent remission cannot be withdrawn or cancelled
without giving an opportunity of being heard to the convict. An order of
cancellation of permanent remission must contain brief reasons;
f) The District Legal Services Authorities shall endeavour to
implement NALSA SOP in its true letter and spirit.
g) Further, the District Legal Services Authorities shall also
monitor implementation of conclusion (a) as recorded above. For this
purpose, the District Legal Services Authorities shall maintain the
relevant date of the convicts and as and when they become eligible to a
consideration for grant of premature release, they shall do the needful
in terms of conclusion (a). The State Legal Services Authorities shall
endeavour to create a portal on which the data as aforesaid can be
uploaded on real time basis."
5. In that view of the matter, learned Deputy
Advocate General for the State is directed to place
before this Court list of prisoners (Jail wise), who are
entitled to be considered for premature release/ grant
of remission.
6. List on 25.04.2025.
(Rakesh Thapliyal, J.) (G. Narendar, C.J.)
21.03.2025
SKS
