The Gujarat High Court took up a matter relating to the remission and premature release of convicts and directed the State Government to place on record its existing policy governing these aspects. The issue came before a Division Bench while the Court was exercising its supervisory jurisdiction to examine whether the State’s framework on remission and premature release complies with binding directions issued by the Supreme Court. The Bench observed that it was necessary for the Court to have access to the current policy in force in order to meaningfully assess whether the State had implemented the required safeguards and procedures in a lawful and consistent manner.
During the hearing, the State Government submitted that it had already complied with the directions issued by the Supreme Court regarding remission and premature release of prisoners. The Court noted this submission but stated that mere assertions of compliance were not sufficient. It emphasised that the actual policy documents needed to be produced before the Court so that their contents could be examined in light of the constitutional and legal standards laid down by the Supreme Court. The Bench also pointed out that judicial oversight was required to ensure that remission policies are not applied arbitrarily and that eligible convicts are considered in a fair and transparent manner.
The High Court further directed the State to place on record the compliance report that had been submitted in connection with the Supreme Court’s earlier directions. The Court indicated that the policy and the compliance report would enable it to verify whether the State’s approach ensured consideration of eligible convicts for premature release without requiring them to initiate separate applications, and whether decisions on remission were supported by recorded reasons. The Bench underscored that remission and premature release involve significant questions of personal liberty and must therefore be regulated strictly in accordance with law.
The Court noted that the Supreme Court had laid down clear principles requiring States to adopt structured policies on remission and premature release and to ensure that such policies are implemented uniformly. These principles include the obligation to consider the cases of eligible convicts on their own merits, adherence to procedural fairness, and avoidance of arbitrary withdrawal of remission benefits. The High Court’s direction was aimed at ensuring that these principles are effectively translated into State-level policies and practice.
By directing the State Government to file the remission and premature release policy along with the relevant compliance materials, the Gujarat High Court made it clear that it intended to closely examine the manner in which the State exercises its powers in this sensitive area. The matter was kept pending for further consideration after the documents are placed on record, reflecting the Court’s role in monitoring the lawful and consistent application of remission policies affecting the rights of convicts.
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