The Supreme Court has warned the Gujarat government that any delay in implementing the state's remission policy could lead to 'strict penal orders'. The court emphasized that any delay beyond the prescribed period of incarceration would render a prisoner's detention 'illegal'.
A bench of justices Ahsanuddin Amanullah and R Mahadevan came down heavily on the state for dragging its feet in considering the premature release of a life convict, despite the prisoner having already completed the minimum qualifying sentence of 14 years.
The court held that liberty cannot be held hostage to bureaucratic delay and noted that non-compliance with remission timelines directly implicates the fundamental right to personal liberty.
The case arose from the plea of Mahesh Kumar Dhisalal Jangid convicted in a murder case, who had completed the requisite period for consideration under Gujarat's 1992 remission policy.
The bench found the state's explanation 'absolutely unacceptable' and warned that any future breach of the policy would trigger 'strict penal orders', including the initiation of suo motu contempt proceedings against erring officials.
The court directed that if a final decision is not placed on record by the next hearing, senior-most officials would have to personally appear before the court to explain the lapse.
