12 Sep 2023 9:33 AM GMT
The Supreme Court on Monday directed the release of a prisoner on parole, due to the delay of one year on the part of the Gujarat Government in considering his prayer for premature release. The Apex Court also directed the State Government to place its decision on record within two weeks.
A bench of Justice Abhay S Oka and Justice Pankaj Mithal noted that in its previous order dated 28.08.2023, the Court had criticised the State Government for its delay in considering the proposal and had directed the decision to be placed before the Court in two weeks. On 11.09.2023, while examining the affidavit filed by the Jail Superintendent of Lajpore Central Prison, Surat, the Apex Court expressed its strong displeasure at the continued delay by the State in making its decision. The Court also criticised the State for not apologizing for the delay:
In its order dated 28.08.2023, the Apex Court had recorded that a year ago, the Jail Advisory Committee was of the unanimous opinion that the petitioner should be granted remission. In November 2022, the State of Gujarat had returned the proposal on the ground that it was stale. In its previous order the Apex Court had said that the State is itself to blame for the delay and had directed it to take a decision on the proposal in two weeks.
The Court subsequently on 11.09.2023, strongly criticised the state for failing to comply with its previous order.
Case : Mafabhai Motibhai Sagar v. State of Gujarat
Citation : 2023 LiveLaw (SC) 774