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SANJAY K. AGRAWAL, RADHAKISHAN AGRAWAL
Amit Mishra, S/o Shri Kaushal Prasad Mishra @ Kaushal Mishra – Appellant
Versus
State of Chhattisgarh – Respondent
ORDER :
Sanjay K. Agrawal, J
1. In this writ petition filed under Article 226 of the Constitution of India, the petitioner has called in question the impugned order dated 06.07.2022 (Annexure-P/01), passed by the respondent No.03 herein, whereby punishment of forfeiture of 10 days earned remission has been imposed upon the him in respect of the prison offence allegedly committed on 06.07.2022 and further questioned their action in not granting leave/parole to him in accordance with the Chhattisgarh Prisoner’s Leave Rules, 1989.
2. The petitioner herein is a convicted prisoner, who is languishing in Central Jail, Bilaspur and undergoing sentence of imprisonment for life imposed upon him by the Court of Additional Sessions Judge (FTC), Bilaspur vide judgment dated 24.11.2015 for having committed offence under Section 376 of IPC and also under Section 06 of the Protection of Children from Sexual Offences Act, 2012. The petitioner has committed prison offence on 06.07.2022, as he has breached the security inside the prison and got himself involved in fight and also assaulted security personals (i.e. prisoners who were assigned security duties inside the jail) and, therefore, the responden
Prisoners retain fundamental rights, including due process before imposing penalties such as forfeiture of earned remission.
The right to remission is a legal right, but its grant is at the discretion of authorities, which must be exercised fairly without arbitrariness.
The main legal point established in this judgment is that the continued detention of a convict beyond the period of sentence, without any other case pending against them, violates their right to pers....
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