The Supreme Court has expressed strong displeasure at the Gujarat government’s delay in deciding a life convict’s plea for premature release. The court warned that failure to adhere to policy timelines could result in “strict penal orders,” including contempt proceedings. Despite granting over three months’ time earlier, the state government has not reached a final decision on the petitioner’s case, which the court deemed “absolutely unacceptable.”
In a Special Leave Petition (SLP) filed by Mahesh Kumar Dhisalal Jangid challenging a Gujarat High Court order, the apex court noted the state government’s commitment to consider the petitioner’s premature release under the Gujarat remission policy. The petitioner had already served the minimum required incarceration period for consideration, prompting the court to grant the state government time to decide and communicate before the next hearing.
Referring to a 1992 circular under Section 432 of the Code of Criminal Procedure governing premature release, the Supreme Court emphasized the policy’s requirement to initiate the process three months before completing 14 years of imprisonment. The court underscored that premature release, while not a fundamental right, becomes a vested right once a state government policy is established.
Expressing concern over non-compliance, the court refrained from initiating proceedings against responsible officials for now. The matter is scheduled for April 7, with a warning that any future policy deviations would lead to severe consequences, including potential contempt proceedings.
