Long pendency of remission application a concern: SC

New Delhi, Feb 2 : In a bid to streamline the disposal of pendency of applications by convicts seeking premature release, the Supreme Court on Tuesday asked the states to submit their reports to the National Legal Services Authority (NALSA) on the issue.
A bench comprising Justices Sanjaya Kishan Kaul and Hrishikesh Roy noted that the convicts should avail the remedy of remission as soon as possible and emphasised that the states should submit their reports via state legal services authorities to the NALSA.
The bench cited pendency of 1,649 applications from the NALSA report of convicts seeking premature release. The top court stressed that the reasons for pendency of these applications need careful examination.
“We may also notice that the focus appears to be on forwarding the papers to file an SLP on the anvil of 14 years expiry to complete formality (most of such appeals result in dismissal orders as being without merits) rather than ensuring that the application for remission is forwarded and considered expeditiously,” the top court observed.
The observation was made by the apex court while hearing a matter of a petitioner/accused who completed the sentence of 14 years in March 2017 and as per Chhattisgarh Prison Rules, his case for remission was required to be considered.
The bench noted that the jail superintendent should be looking into all such matters and make sure that remedy is available to the detenu. The petitioner was released from jail on October 2, 2020, after his remission was accepted.