The Supreme Court has strongly criticized the Uttar Pradesh (UP) Government for its failure to comply with court orders regarding the processing of remission pleas. The court expressed its dissatisfaction with the government's lack of respect for court directives and condemned the year-long delay in deciding the fate of convicts serving life imprisonment.

During the proceedings, a bench led by Justice Surya Kant made it clear that no one is above the law. The state government expressed concerns about binding the governor, who holds the constitutional authority to make the final decision on remission pleas after the state's recommendations, to a court-mandated deadline. However, the bench reiterated that all individuals must adhere to the law and emphasized that some prisoners had been languishing for nearly three decades.

The court originally issued a direction on May 16, 2022, instructing the authorities to make a final decision on the applications of the petitioners within three months. However, the court was disappointed to discover that the UP government had not taken any action in response to its order. It also noted that all the petitioners, who were housed in Bareilly's Central Jail, had already completed more than 14 years of their actual sentence without receiving any remission.

The bench stressed that both the state's remission policy and various directives issued by the Supreme Court obligated the government to dispose of remission pleas within three months of eligibility. Observing the disrespectful behaviour of the government authorities towards court orders, the bench warned that it might be necessary to take harsh measures. The court directed the principal secretary of the state's home department to be present in court on August 29 if the pending applications were not resolved within the next four weeks.

Among the 42 convicts who approached the Supreme Court last year, several were released or acquitted by the Allahabad High Court while their remission pleas were still pending. At least seven applications for premature release were awaiting a decision from a government authority in Uttar Pradesh.

The Supreme Court's stern comments and warnings highlight the urgency for the UP government to promptly address the pending remission pleas. 

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Rajesh Kumar