Case Note & Summary
The petitioner, Ravi Narsappa Mehtre, was convicted for offences under Sections 302, 323, 452 read with 34 of the Indian Penal Code and sentenced to life imprisonment. He was granted parole for 30 days from 15.08.2013 to 13.09.2013. He applied for extension but surrendered late. The Jail Superintendent, Kolhapur Central Prison, passed an order on 27.09.2018 forfeiting 345 days of remission without issuing any show cause notice to the petitioner. The petitioner filed a writ petition under Article 226 of the Constitution seeking quashing of that forfeiture order. The court held that the order was passed in violation of principles of natural justice as no opportunity of hearing was given. The court quashed the order and directed the respondents to restore the remission of 345 days. The petition was allowed.
Headnote
A) Prison Law - Forfeiture of Remission - Natural Justice - Maharashtra Prison Rules - The order forfeiting remission of 345 days was passed without issuing any show cause notice to the petitioner, violating principles of natural justice - Held that the impugned order is unsustainable and quashed (Paras 7-10).
Issue of Consideration
Whether the order of forfeiture of remission of 345 days passed by the Jail Superintendent without issuing a show cause notice to the petitioner is sustainable in law.
Final Decision
The court quashed the order dated 27.09.2018 passed by the Superintendent of Jail, Kolhapur Central Prison forfeiting 345 days of remission and directed the respondents to restore the remission of 345 days to the petitioner's account.
Law Points
- Principles of natural justice
- show cause notice before forfeiture of remission
- parole and furlough rules
- Maharashtra Prison Rules
Case Details
2021 LawText (BOM) (02) 74
Criminal Writ Petition St. No. 3273 of 2020
Ms. Harjeet Kaur for the Petitioner, Mr. K.V. Saste, APP for the Respondent-State
The State of Maharashtra, The Inspector General of Prison, Western Zone, Maharashtra, The Dy. Inspector General of Prison, Western Zone, Pune, The Jail Superintendent, Kolhapur Central Prison, The Senior Inspector of Police, Dharavi Police Station
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Nature of Litigation
Criminal writ petition challenging forfeiture of remission of 345 days by Jail Superintendent without show cause notice.
Remedy Sought
Quashing of order dated 27.09.2018 forfeiting remission of 345 days.
Filing Reason
The petitioner's remission was forfeited without giving him an opportunity of hearing.
Previous Decisions
The petitioner was convicted on 29.11.2011 and sentenced to life imprisonment. He was granted parole from 15.08.2013 to 13.09.2013 and surrendered late.
Issues
Whether the order of forfeiture of remission without show cause notice violates principles of natural justice.
Submissions/Arguments
The petitioner argued that the forfeiture order was passed without any show cause notice, violating natural justice. The State opposed the petition.
Ratio Decidendi
An order forfeiting remission of a prisoner without issuing a show cause notice is violative of principles of natural justice and cannot be sustained.
Judgment Excerpts
The order forfeiting remission of 345 days was passed without issuing any show cause notice to the petitioner.
The impugned order is unsustainable in law and is quashed.
Procedural History
The petitioner was arrested on 13.07.2009, convicted on 29.11.2011, sentenced to life imprisonment. He was granted parole from 15.08.2013 to 13.09.2013, surrendered late. On 27.09.2018, the Jail Superintendent forfeited 345 days remission. The petitioner filed this writ petition on 11.06.2020 seeking emergency parole and later restricted to quashing the forfeiture order.
Acts & Sections
- Indian Penal Code, 1860 (IPC): 302, 323, 452, 34
- Constitution of India: 226
