HC lays down rules for prison staff
The Bombay high court has laid down certain guidelines for prison authorities to follow, while cutting down remissions of prisoners, who do not surrender after expiry of parole or furlough period.
A bench headed by Justice Abhay Oak quashed and set aside the impugned order of the prison authorities reducing remissions of Shafi Qureshi, a life convict, serving jail term in the Yerwarda prison.
The high court pulled up prison authorities for using a ready-made printed proforma with blank spaces that were filled in later, to punish the convict.
The bench of the high court observed that this causes doubt whether the order was issued with application of mind.
“A reasonable opportunity of a genuine hearing must be given…it should not be a mere empty formality or procedural exercise…prison authorities need not adhere to regular forms of legal procedure like a trial, but it would be sufficient if the prisoner is heard in quasi-judicial spirits and in accordance with principles of natural justice,” the bench observed.
The judges also laid down guidelines for prison officials to follow if they were of the opinion that higher prison punishment should be imposed for any prison offence committed, resulting in forfeiture of remission.
Firstly, seven days time should be given to the convict to reply to the showcause notice.
Secondly, if sufficient cause is not shown in the reply, a reasoned order should be passed for not accepting the convict’s contention.
Thirdly, if higher punishment is proposed against the prisoner, then such proposal must be sent to higher authorities to obtain sanction. If such guidelines are followed it would curb lot of unnecessary flow of petitions to this court, the bench observed.
Accordingly, the division bench permitted the petitioner to make a fresh representation to the SP (Prisons) to consider the total remission period allowable to him.
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