Lawstreet Journal

HPCs Will Not Affect Remission Boards; Prisoners Applications for Early Release Under Sections 432, 433A CrPC Must Be Considered: Supreme Court

Lawstreet Journal 4 Jun 2021 8:03pm

Image courtesy: Lawstreet Journal Judiciary HPCs Will Not Affect Remission Boards; Prisoners Applications for Early Release Under Sections 432, 433A CrPC Must Be Considered: Supreme Court

The apex court on June 1st 2021 cleared that the constitution of high powered committees in state government to de-congest prisons will not stand in the way of remission boards considering applications for remissions of prisoners under sections 432, 433A of the Code of Criminal Procedure.

The vacation bench chaired by justice is L Nageswara Rao and Aniruddha Bose Clarified that the order passed on May 7th 2021 which directed the HPCs to consider grant of parole or interim bail to identified categories of prisoners to decongest prisons during the pandemic will not affect the functioning of remission boards.

The Bench ordered that, “In the 7th May order there is no mention of release of prisoners entitled for premature release under 432, 433 A of Code of Criminal Procedure. It is clarified that competent  authorities, i.e. the remission boards etc., shall continue to proceed with release of those who are entitled to premature release section 432 and 4338 Code of Criminal Procedure. 

The bench passed the order in an application filed by advocate Talha Abdul Rahman, represented by advocate Shoeb Alam, who pointed out that remission boards are not taking up remission applications after the constitution of HPCs.

The 7th May order was passed by a 3 judge bench chaired by the Chief Justice of India in the suo moto case In Re Contagion of Covid Virus in Prisons in which a slew of directions were issued to decongest prisons during the second wave of the coronavirus.

In the… Continue Reading...


Tagged: Supreme Court of India  
Disclaimer: SoOLEGAL in Media collaboration with Lawstreet Journal. SoOLEGAL take no responsbility for the content provided by Lawstreet Journal. For any discrepancies Contact Lawstreet Journal.
Did you find this write up useful? YES 0 NO 0
Featured Members view all

×

C2RMTo Know More

Something Awesome Is In The Work

0

DAYS

0

HOURS

0

MINUTES

0

SECONDS

Sign-up and we will notify you of our launch.
We’ll also give some discount for your effort :)

* We won’t use your email for spam, just to notify you of our launch.
×

SAARTHTo Know More

Launching Soon : SAARTH, your complete client, case, practise & document management SAAS application with direct client chat feature.

If you want to know more give us a Call at :+91 98109 29455 or Mail info@soolegal.com