SC expresses displeasure over inordinate delay in dealing with convict's plea for premature release
New Delhi (PTI): Expressing displeasure over the "inordinate delay" by the authorities in dealing with a murder convict's plea for premature release, the Supreme Court has warned the Director General of Prisons of Uttar Pradesh and others of using the "coercive arm of law" if other such instances are brought to its notice.
The apex court observed that the application for premature release has remained pending since September 2019 and, as per the custody certificate issued by the senior superintendent of police of central jail, Fatehgarh, on January 5 this year, the convict has undergone a total custody of 15 years and 14 days without remission.
A bench comprising Chief Justice D Y Chandrachud and Justice P S Narasimha observed that in view of the settled position of law laid down by the top court, such applications are required to be considered on the basis of policy as it stood on the date of the conviction.
"If a more liberalised regime has been brought into effect subsequently, this should also be considered," the bench said in its January 13 order, adding, "In the present case we find no reason or justification for the inordinate delay in dealing with the application of the petitioner for premature release."
The apex court asked the Director General of Prisons to take all necessary steps to ensure that the application for premature release is duly considered and disposed of within one month from the date of its order.
It said an affidavit of compliance be filed before the court by February 15.
"The Director General of Prisons and all concerned authorities are placed on notice that this court would be constrained to take recourse to the coercive arm of law if other instances indicating recalcitrance of the authorities in dealing with such applications are brought to the notice of the court," the bench said.
The top court was dealing with a plea filed by the petitioner seeking premature release.
It noted in its order that the petitioner was convicted in February 1984 for the offences punishable under section 302 (murder) read with section 34 (common intention) of the Indian Penal Code and was sentenced to life imprisonment.
It also noted the application for premature release was sent to the District Magistrate, Unnao, on September 2, 2019 and forwarded to the prison headquarters by the DM on October 25 last year.
The bench said the prison headquarters, on December 6 last year, directed the superintendent of district jail, Ghaziabad, to make available the updated details of the co-accused prisoners.
"The proposal has been sent to the prison headquarters for reconsideration on December 28, 2022 by the Senior Superintendent of the Central Jail, Fatehgarh," the bench noted.
It said the counter affidavit filed on the record indicates the application has remained pending since September 2019 for well over three years and three months and this delay is "without any reason or justification".
"Since this court has, while taking notice of the sorry state of affairs in the matter of the release of convicts who have undergone long terms of imprisonment, issued directions to the Director General of Prisons, UP in an earlier case, we are not in these proceedings taking up the issue which is pending consideration," it said.
The bench, which disposed of the plea, gave liberty to the counsel for the petitioner to mention the matter for revival in case of non-compliance of the direction.
While hearing a separate matter on January 5, the apex court had asked the UP Director General of Prisons to file an affidavit in his personal capacity giving details about the steps taken so far to grant the benefit of remission to convicts in the state in pursuance of its earlier judgement.
Let the Truth be known. If you read VB and like VB, please be a VB Supporter and Help us deliver the Truth to one and all.
Leadership issue: Everyone will welcome if Kharge becomes K'taka CM, says Parameshwara
Bengaluru (PTI): Karnataka Home Minister G Parameshwara on Wednesday said everyone in the ruling Congress party will welcome if AICC chief Mallikarjun Kharge, a senior politician with a lot of experience, becomes the chief minister of the state.
He also asserted that fulfilling the promise of "good governance" made to the people of the state was important, amid the ongoing internal politics and confusion within the party regarding the chief minister change issue.
The statements have come amid speculation within the party and political circles about a possible decision on leadership change and cabinet reshuffle after May 4, once the results for Assembly elections in four states and one union territory, along with bypolls to two Assembly segments in Karnataka, are announced.
"If he (Kharge) becomes (the CM) we will be very happy, because he is a senior politician with a lot of experience. If he becomes CM, we will all welcome it," Parameshwara told reporters in response to a question whether Kharge himself has a desire to become the CM.
When asked why Kharge, who is from Karnataka, has not been decisive in resolving the state's leadership issue and whether he was postponing the issue because he wants a Dalit to become the CM, the home minister said, "We don't have much information on the CM change matter appearing in the media, at least I'm not aware of it. So it is not right to speak on it."
The Congress high command will decide whatever they have to, as they are aware of everything in the state. "We are fortunate to have Kharge, who is from the state, as the AICC president," he said.
Kharge is highly experienced and he is aware of everything about the state's politics as he has personally experienced it. "He knows everything and there is no need for us to tell him. I will not say much," he added.
The leadership tussle within the ruling party has intensified amid speculation about a possible change of chief minister after the Congress government completed the halfway mark of its five-year term on November 20, 2025. The speculation has been fuelled by the reported "power-sharing" arrangement between CM Siddaramaiah and Deputy CM Shivakumar at the time of government formation in 2023.
Regarding senior Congress MLA K N Rajanna's statement demanding a "Dalit CM", Parameshwara himself a senior Dalit leader in the party, said, "Let's not speak about it. I don't want to unnecessarily get into that. Without knowing things, let's not comment on them."
Parameshwara downplayed the ministers' visit to Delhi, stating that it is a common thing, mostly concerning official matters. "Whenever we go to Delhi, we will also visit the AICC office and meet our national leaders," he said.
PWD Minister Satish Jarkiholi and Social Welfare Minister H C Mahadevappa on Monday met Kharge and general secretary (in charge of Karnataka) Randeep Surjewala in New Delhi and reportedly requested them to address the leadership issue. Both Jarkiholi and Mahadevappa are considered close to Siddaramaiah.
On the expectation that the Congress high command will put an end to confusion on the leadership issue by May 15, the home minister said, "More than anything, we have promised the people of the state that we will give good governance. Fulfilling that is important. Internal politics and confusions will always be there."
MLAs and leaders who want Shivakumar to be elevated as CM have recently claimed they expect some "sweet news" by May 15, which is their leader's birthday.
Regarding plans to hold the AHINDA convention in Hubballi to mark 25 years of the AHINDA movement, the home minister said, the movement was aimed at the welfare of its communities and the convention has to happen to resolve the issues they face.
AHINDA (Kannada acronym for minorities, backward classes, and Dalits) is considered as the strong support base of Siddaramaiah and also the Congress party.
