SC grants ‘last and final opportunity’ to five states to implement remission policy

Bilkul Online

11 months ago

New Delhi, Nov 13 : The Supreme Court on Thursday granted “last and final opportunity” to five states — Assam, Himachal Pradesh, Meghalaya, Uttar Pradesh and West Bengal — to fully implement their policies on premature release of convicts.

A Bench of Justices M.M. Sundresh and Satish Chandra Sharma, hearing the suo motu case titled ‘In Re: Policy Strategy for Grant of Bail’, which examines systemic issues relating to bail and remission policies across the country, granted two months to defaulting states to ensure “full and complete compliance” with its earlier directions. Taking note of the submissions of Amicus Curiae Liz Mathew, the apex court observed that the five states were “yet to adopt and implement the draft (remission) policy and rules, including adequate amendments to give effect to the earlier directions”. The Justice Sundresh-led Bench recorded submissions made on behalf of the state governments that the necessary steps would be completed within two months. Accepting the request for additional time, it said: “Accordingly, as a last and final opportunity, we grant two months’ time to the States of Assam, Himachal Pradesh, Meghalaya, Uttar Pradesh and West Bengal to ensure full and complete compliance from the date of this order.”

The top court noted Kerala’s partial compliance and granted four months to enact a legislative amendment requiring reasons to be furnished when rejecting pleas for premature release. It also stressed the need for timely consideration of remission cases, observing that state governments must undertake this exercise “at least six months prior to the eligibility of a convict so that unwanted time by way of incarceration even after a convict becomes eligible for premature release can very well be avoided”. Significantly, the Supreme Court accepted the amicus’ suggestion that the High Courts should monitor the progress of implementation. “We request the Hon’ble Chief Justices of the respective High Courts to register a suo motu writ petition and thereafter, a Division Bench shall be constituted to monitor and supervise the implementation of the remission and premature release policies of the respective States,” it said.