In a landmark ruling, the Supreme Court of India underscored the necessity for governments to impose reasonable and non-oppressive conditions when granting premature release to convicts. The bench, comprising Justices Abhay S. Oka and Ujjal Bhuyan, highlighted that it is the government's duty to consider remission for eligible prisoners, even in the absence of specific applications from the convicts.
Government's Obligation to Consider Remission
The Court emphasized that when a state or union territory has an established policy for granting permanent remission, it becomes incumbent upon the government to proactively assess all eligible convicts under that policy. This proactive approach ensures that convicts are considered for premature release without the necessity of individual applications. The Court stated that requiring convicts to apply for remission, despite their eligibility, would be discriminatory and arbitrary, violating Article 14 of the Constitution.
Criteria for Imposing Conditions on Remission
While acknowledging the government's authority to set conditions for remission, the Court stressed that these must be reasonable, clear, and achievable. Conditions should not be vague or oppressive, as they could hinder the convict's reintegration into society. The Court referred to the precedent set in Mafabhai Motibhai Sagar v. State of Gujarat (2024), which held that arbitrary conditions violate Articles 14 and 21 of the Constitution.
The Court outlined several factors to consider when determining remission conditions:
Nature and Motive of the Crime: Understanding the specifics of the offense and the reasons behind it is crucial.
Criminal Background: A convict's past criminal record should inform the conditions set.
Public Safety: Ensuring that the convict's release does not pose a threat to society.
Impact on Society and Victims: Considering the broader societal implications and the feelings of victims.
The overarching goal is to ensure that conditions facilitate the convict's rehabilitation and prevent recidivism.
Revocation of Remission
The Court clarified that the government retains the authority to revoke remission if a convict breaches the set conditions. However, such cancellation must be accompanied by brief, recorded reasons, as it affects the convict's fundamental right to liberty under Article 21. Before revocation, the convict should receive a show-cause notice detailing the grounds for cancellation and be given an opportunity to respond.
Requirement of Recording Reasons
Emphasizing transparency and fairness, the Court mandated that any decision regarding the grant or denial of remission must include recorded reasons. This practice ensures that convicts understand the basis of the decision and can exercise their right to challenge it if necessary. Such orders should be promptly communicated to the convict and the relevant District Legal Services Authorities.
Directives to State Governments
Recognizing disparities in remission policies across states, the Supreme Court directed those without a comprehensive remission policy to formulate one within two months. This directive aims to standardize the remission process, ensuring fairness and consistency nationwide.
Role of Legal Services Authorities
The Court highlighted the pivotal role of District Legal Services Authorities (DLSAs) in this process. DLSAs are tasked with monitoring the implementation of remission policies, maintaining data on eligible convicts, and ensuring that cases are considered promptly. They are also responsible for informing convicts about their rights and assisting them in challenging adverse decisions.
Conclusion
This ruling reinforces the balance between upholding public safety and ensuring the rights and rehabilitation of convicts. By mandating reasonable, clear, and non-oppressive conditions for remission, the Supreme Court aims to facilitate the reintegration of reformed individuals into society while maintaining justice and fairness.
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