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Synopsis

The Supreme Court has chastised the Uttar Pradesh government over its failure to act on its direction to decide remission applications filed by life term convicts, as it found as shocking that the files were not accepted by the Chief Minister's secretariat due to the Code of Conduct, despite its clarification.

"This is brazen. Why are you playing with fundamental rights of the convicts," a bench of Justices Abhay S Oka and Augustine George Masih asked a senior officer from the state government, while warning of contempt action in the matter.

The court directed the Principal Secretary, Prison Administration Department, Rajesh Kumar Singh to file an affidavit giving details, such as names of the officers in the office of the Secretariat of the Chief Minister of Uttar Pradesh who refused to accept the files. 

The bench said that before the court issued contempt notice, the officer should file an affidavit.

Hearing a writ petition filed by Kuldeep and another by Ashok Kumar, both life-term convicts, the court asked how the officers could sit over two to four months despite the orders to consider the matter.

The bench noted that the officer had hardly any explanation to offer for the long delay in making compliance with the orders of the top court and now he was giving an excuse that the file was pending with the competent Authority.

"What is shocking is the response of Singh. He states that notwithstanding the order dated 13th May, 2024 passed by this Court in Writ Petition (Crl) No 134/2022 (by Ashok Kumar) making it very clear that the Code of Conduct will not come in the way of the State Government while considering the case of the petitioner for grant of permanent remission, the file forwarded to the Secretariat of the Chief Minister of Uttar Pradesh was not accepted and, ultimately, the file was sent to the Secretariat of the Chief Minister only after the expiry of Code of Conduct," the bench said.

The court directed Singh to disclose the names of officers in the CM's secretariat who refused to accept the files.

"He will also place on record whether any effort was made by him to represent before the concerned officers in the Secretariat of the Chief Minister that the Government was bound by the order of this court on May 13, 2024," the bench said.

The court directed the officer to file the affidavit by August 14, also placing on record necessary correspondence with the CM's secretariat, in connection with the matter.

The bench fixed the matter for further consideration on August 20.

Case Title: Kuldeep Vs State of UP & Ors