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Convicts Must Be Informed Reasons For Rejection Of , :
High Court Issues Directives to Four States
The has directed the states of Assam, Nagaland, Mizoram, and Arunachal Pradesh to ensure that every convict whose application is rejected is informed of the reasons for such rejection and their the order. A Division Bench comprising Justice Michael Zothankhuma and Justice Anjan Moni Kalita passed the directions while hearing a public interest litigation concerning the implementation of policies in these states.
Supreme Court's Mandate Forms Foundation
The court was acting in pursuance of orders dated , and , issued by the in the cases of and . The Apex Court had directed all states and union territories to formulate policies for granting remissions under / .
States Confirm Existence of Policies
During the hearing, counsels representing all four states informed the court that their respective policies are already in place and that a number of convicts have been released on under these policies. The court noted the submissions and proceeded to examine the compliance with the Supreme Court's directions regarding the communication of rejection orders.
Core Directive: and
The High Court highlighted the Supreme Court's judgment dated , which categorically held that an order granting or refusing must contain brief reasons. The order, along with the reasons, should be immediately communicated to the concerned convict through the prison authorities. Copies must also be forwarded to the Secretaries of the concerned . Furthermore, the prison authorities are duty-bound to inform the convict that they have a the order of rejection.
"The order containing reason/s should be immediately communicated to the convict through the Office of the concerned prison. The copies thereof, should also be forwarded to the Secretaries of the concerned
. Further, it is the duty of the Prison authorities to inform the convict that he has a
the order of rejection for grant of
,"
the court observed, quoting the Supreme Court's directive.
Affidavits Sought on Rejection Communication
The court directed the respondents to file affidavits stating the number of convicts whose applications have been rejected by the state governments and whether the reasons for rejection have been communicated to those convicts. The states were also directed to ensure that in case of rejection, convicts are informed of their the rejection order.
Assam's Review Board Under Scrutiny
The court was also furnished with the minutes of the meeting dated , which examined the cases of nine life convicts for or rejection. The minutes revealed that out of the nine, only two were recommended for release on . The court directed the State of Assam to ensure that the rejection of in the remaining cases is communicated to the concerned convicts, along with the information that they have a the reasons for rejection.
Matter Adjourned
The court has listed the matter for further hearing on , allowing time for the states to file their compliance affidavits.
This judgment underscores the importance of transparency and in the system, ensuring that convicts are not left in the dark about the reasons behind decisions that affect their liberty.
