Apex Court Directs Secretary Of UP Prison Department To Give Names Of Officers In CMO Who Refused To Consider Remission Of Prisoner Despite Court's Order

The Supreme Court has recently directed the Principal Secretary, Prison Administration Department of the State of Uttar Pradesh to file an affidavit giving details such as names of the officers in the office of the Secretariat of the Chief Minister of Uttar Pradesh who refused to accept the file after the State failed to consider the premature release of a convict within the time fixed by this Court.

A writ petition was filed seeking the permanent release of the convict/Petitioner.

The Bench of Justice Abhay S Oka and Justice Augustine George Masih ordered, "We direct Shri Rajesh Kumar Singh to file an affidavit giving details, such as names of the officers in the office of the Secretariat of the Hon’ble Chief Minister of Uttar Pradesh who refused to accept the file. He will also place on record whether any effort was made by him to represent before the concerned officers in the Secretariat of the Hon’ble Chief Minister that the Government was bound by the order of this Court dated 13th May, 2024. Even in this case, as of today, there is no decision taken by the State Government. Before we issue a notice of contempt to the appropriate officers of the State Government, we direct Shri Rajesh Kumar Singh to file an affidavit setting out on oath what he has stated before us orally. Necessary correspondence made with the Secretariat of the Hon’ble Chief Minister of Uttar Pradesh in connection with the case of the petitioner in Writ Petition (Crl.) No.134/2022 shall also be placed on record. The said affidavit shall be filed by 14th August, 2024."

Advocates Pradeep Kumar Yadav and Arvind Kumar Tiwari appeared for the Petitioner whereas Senior AAG Garima Prashad and Senior Advocate R.K. Raizada appeared for the Respondents.

On April 10, 2024, the Court had directed the State of Uttar Pradesh to consider the case of the petitioner for the grant of permanent remission as per the applicable policy in accordance with the law within a period of six weeks. But even after twelve weeks when the matter was listed before for hearing, the State did not consider the case of the Petitioner. The Court had extended the time period for consideration at the request of the State. The Court had also noted that the Jail Authorities had favourably recommended the case of the petitioner.

Further, on the next date of hearing, recording the failure of the State to consider the case for remission, the Court had directed, "Now, the respondent-State wants two more months. While the respondent-State is seeking two more months, the application is worded in such a manner that there is already an indication that the case of the petitioner will not be considered. As far as the State of Uttar Pradesh is concerned, we have repeatedly noticed that the orders of this Court directing consideration of premature release are not being implemented within the time fixed by this Court. Therefore, we direct the Principal Secretary of the Prison Administration Department, State of Uttar Pradesh to remain present in the Court through video conference on 12th August, 2024."

The Court said that the Shri Rajesh Kumar Singh, Principal Secretary, Prison Administration Department has hardly any explanation to offer for the long delay in making compliance with the orders of the Court and now he was giving an excuse that the file is pending with the competent Authority.

"What is shocking is the response of Shri Rajesh Kumar Singh in Writ Petition (Crl.) No.134/2022. He states that notwithstanding the order dated 13th May, 2024 passed by this Court in Writ Petition (Crl.) No.134/2022 making it very clear that the Code of Conduct will not come in the way of the State Government while considering the case of the petitioner for grant of permanent remission, the file forwarded to the Secretariat of the Hon’ble Chief Minister of Uttar Pradesh was not accepted and, ultimately, the file was sent to the Secretariat of the Hon’ble Chief Minister only after the expiry of Code of Conduct", the Court held. 

Accordingly, the matter is now listed on August 20, 2024.

Cause Title: Kuldeep v. State of U.P. & Ors. (Writ Petition(s)(Criminal) No(s). 129/2024)

Appearances:

Petitioner: Advocates Pradeep Kumar Yadav, Vishal Thakre, Gopal Singh, Anjale Kumari, Chhaya, Ashwani Garg, Amarkant Patel, Sunil Kumar Srivastava, Sanjeev Malhotra, Arvind Kumar Tiwari, C.K. Rai, Anuradha Roy, Vinay Kumar Gupta, Manish Kumar, Aqsa and Mohan Lal.

Respondents: Senior AAG Garima Prashad, Senior Advocate R.K. Raizada, Advocates Nikhil Sharma, Ankit Goel, Yasharth Kant, Sakshi Kakkar, Anchit Singhla and Divyanshu Sahay.

Click here to read/download the order