The Supreme Court has issued a set of directives to ensure that convicts are adequately informed about their rights and options concerning permanent remission, emphasizing the importance of transparency in the rejection process of such applications. In a recent judgment, Justices Abhay S Oka and Augustine George Masih stressed that all states must communicate the reasons behind the denial of remission applications to the convicts within one week of the decision.
The Court noted that if the rejection orders do not include reasons, the review board’s recorded reasons must be shared with the convicts. This directive aims to uphold the rights of convicts to understand and contest their remission denials. Section 432(1) of The Code of Criminal Procedure, 1973, allows the government to suspend or remit sentences, but the justices highlighted that these provisions must be applied judiciously and transparently.
Further enhancing the oversight of this process, the Court has ordered that these rejection notices also be sent to the appropriate legal services authority to ensure convicts are informed of their right to challenge the rejections. The justices also warned against the imposition of generic, stereotypical conditions on convicts when granting remission, advocating for each condition to reflect the specific facts of the case.
In an effort to make remission policies more accessible, the Court decreed that copies of these policies must be available in every prison, with English translations also posted on government websites. Prison superintendents are tasked with providing these documents to eligible convicts, and any policy updates must be communicated promptly.
Addressing the broader implications of delayed justice, the Court criticized the practice of postponing the processing of remission applications solely due to pending appeals against convictions, declaring this as an invalid reason for delay. This directive came as part of the bench’s discussions during a suo motu public interest litigation concerning the bail rights of prisoners with extended pending appeals, where the Court has generally favored granting bail barring exceptional circumstances.
