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Cannot Be Denied Solely On Police Report:
The recently intervened in a to set aside a decision by the that denied to seven convicts solely on the basis of a . The division bench of Chief Justice M.S. Ramachandra Rao and Justice Biswajit Palit held that the notification governing does not contemplate such a report as a ground for denial.
Background of the Case
The court was hearing a suo moto writ petition, initiated following directions from the , to monitor the implementation of and policies in the state. The seven convicts had already served substantial prison terms ranging from 15 to 21 years. Despite recommendations from the Superintendent of the concerned prison, the , in its meeting on , declined their . The committee cited a as the basis for its decision.
Arguments Presented
The Advocate General, , argued that the committee's decision was only an and that the final authority rested with His Excellency the Governor of Tripura. However, the court was not persuaded by this submission.
Legal Analysis
The court scrutinized the notification dated issued by the , which amended the norms for . It noted that the notification made no mention of a as a criterion for denial. The bench observed that the had failed to apply its mind to the proper principles governing and had instead relied on an not sanctioned by the rules.
Key Observations
“The notification dt. issued by the amending the norms for nowhere mentions about the , but the , without properly applying its mind to the principles to be applied for considering , has declined their on the basis of the said report,” the bench stated.
The court further emphasized, “we are of the view that the is not absolved of its responsibility to properly consider the case of each of the 7 (Seven) convicts for strictly in accordance with the norms.”
Court's Decision
The High Court set aside the decision of the taken on and directed the committee to reconsider the matter in light of the norms laid down in the notification. The case has been listed for further hearing on . This ruling reinforces the principle that decisions must adhere strictly to the governing rules and cannot be based on considerations not provided for in the policy.
