Supreme Court Summons U.P. Home Secretary For Not Considering Application By Convict For Remission
|The Supreme Court has summoned the Secretary of the Home Department of the State of Uttar Pradesh to appear before the court to explain its conduct in not complying with the previous order directing to consider permanent remission of a convict.
The writ petition was filed by the convict seeking permanent remission, in which the court issued notice to the State of Uttar Pradesh.
A bench of Justice Abhay S. Oka and Justice Pankaj Mithal while issuing notice to the State to appear, observed, “We issue notice to the Secretary of the Home Department of the State of Uttar Pradesh to remain present before this Court on the next date either physically or through video conferencing and explain the conduct of the State”.
The bench has now listed the matter on December 11, 2023, while the interlocutory application seeking interim bail has been listed for November 23, 2023.
Noting the submission that the petitioner’s wife is due for surgery, the bench observed “Documents are tendered across the Bar by the learned senior counsel appearing for the petitioner which indicate that the petitioner's wife is undergoing a surgery on 27th November, 2023. We direct the State to verify the said documents. The copies thereof have been handed over to the learned senior counsel appearing for the respondents in the Court”.
Senior Advocate Neeraj Kumar Jain appeared for the petitioner and Senior Advocate V.K. Shukla appeared for the respondent.
After perusing the counter affidavit filed by the State of Uttar Pradesh, the bench noted that there was non-compliance with its order dated September 25, 2023 where it had directed the State to consider the application.
“In the meanwhile, we direct the first respondent-State to consider the case of the petitioner for grant of permanent remission in accordance with the applicable policy. The decision of the State Government shall be placed before the Court on the next date”, the bench had directed in September.
It is pertinent to note that when the matter was listed for the second time on November 10, 2023, the bench had, by way of indulgence, granted time to the State to comply with the earlier order.
Cause Title: Santosh Kumar Singh v. State Of Uttar Pradesh & Anr.
Click here to read/download the Order