HC seeks remission list from Bihar government
HC guidelines for transparency, accountability in remission cases, seeks pending list from Bihar govt
Transcribed Article Text (Accessible & Screen-Reader Version)
Patna — The Patna High Court has asked the State government to place on record within four weeks the updated list of the thirty-two pending cases before the State Sentence Remission Board, together with the dates on which each convict completed the prescribed period of incarceration.
"The State Government shall also file a compliance report before the court within a period of four months, indicating the decisions taken on each of the recommendations and the steps taken for their implementation," said the bench of Justice Bibek Chaudhuri and Justice Chandra Shekhar Jha.
The HC had registered a suo motu writ petition and framed certain questions for adjudication, viz. What is the method of calculation of ordinary remission, if the benefit of remission may be selective in case of convicts etc.
The court said that the prisoners should get opportunity of hearing and a written reason before withdrawing or reducing the remission already granted. The appeal system against it
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The court suggested that every prisoner should be provided with a copy of his or her history ticket, clearly stating the remission given to him and its reasons. This will allow the prisoner himself to know how many days his sentence has been reduced as part of remission and how it was calculated.
After going through the comprehensive submissions of the learned Amicus Curiae and the Inspector General of Prisons, and keeping in view that the rule-making prerogative rests with the State Government, the Court made consolidated recommendations for consideration of the State government.
"The State Government is requested to examine all the above recommendations in a comprehensive manner, take an appropriate policy decision, and effect necessary amendments to the Bihar Prison Manual, 2012, or issue suitable executive instructions, as it may consider proper," the court said.
The order was delivered on September 18 and uploaded on Saturday.
As per the recommendations, the process of obtaining reports from various authorities regardBe
PEVPVSSlS IVE PEC ALES release of eligible prisoners shall be initiated at least six months before the prescribed eligibility date by the concerned Jail Superintendent and fixed time limits shall be prescribed for submission of at various levels.
"All procedures relating to the required reports should ordinarily be completed at least two months before the convict completes the prescribed period (14 years of actual imprisonment / 20 years including remission), so that sufficient time is available for consideration by the State Sentence Remission Review Board. The approval of the Ministry of Home Affairs, Government of India, if required, should be obtained within 30 days." it further says.
The court had made it clear that all recommendations for premature release shall be made strictly in the light of the parameters laid down by the Supreme Court. A provision may be inserted fixing a reasonable outer time-limit for decision on cases of life convicts upon completion of the prescribed period of actual custody, together with fixation of responsibility on a designated authority.
About the Author
Arun Kumar is a veteran journalist and Associate Editor with Hindustan Times, based in Patna. For more than three and a half decades, his reporting has chronicled Bihar's complex political landscape, university and educational reforms, landmark judicial rulings of the Patna High Court, administrative governance, and social shifts across the state. Known for deep investigative reporting and source-grounded accountability journalism, he is a recipient of the prestigious K.C. Kulish Journalism Award and the Keshav Bhatt Journalism Award, and is an LDM Fellow.