Supreme Court Criticizes UP CMO for Delay in Remission Plea

 

UV INDIA NEWS: The Supreme Court has reprimanded the Uttar Pradesh Chief Minister's Office for not accepting and processing a remission plea for the early release of a prisoner. The court cited the enforcement of the model code of conduct during elections as the reason for the delay. The court questioned the officer responsible for this refusal, noting that the model code should not obstruct decision-making.

The court had previously ordered on April 10 that the state consider the permanent remission of a life-term convict who had served over 14 years in prison and had been granted six weeks for this decision. The matter was revisited on July 7, but the state requested an additional two weeks, which the court granted with a warning that no further extensions would be allowed. The court set a deadline and warned that contempt proceedings could follow if the decision were not made.

During the hearing, Justices Abhay S Oka and Augustine George Masih inquired why the delay occurred. They were informed that the file was sent to the Chief Minister's Secretariat, which refused to accept it and sent it back. The court ordered the official involved to provide a detailed affidavit and the name of the officer who refused the file, with the possibility of contempt charges against the official.

The Supreme Court noted that this was not the first instance of delays in decisions on premature releases, emphasising that such governmental approaches are unacceptable. The case highlighted by the court involved a discriminatory stance, as another convict, Udaybhan Karvariya, had been granted remission after serving only nine years.

The Supreme Court's stern response underscores the expectation that state authorities should act independently of the model code of conduct and fulfil their responsibilities without undue delays.