Case Note & Summary
The petitioner, Mohd. Asif Mohd. Hanif, a convict under Section 302 of the Indian Penal Code, filed a Criminal Writ Petition before the Bombay High Court, Nagpur Bench. He was convicted in 1993 and had been in jail since his arrest on 24th October 1991. The petitioner claimed that during his jail term, two punishments of forfeiture of remission were imposed on him, but he did not possess the documents related to those punishments. He sought a direction for production of the relevant documents and, upon production, appropriate relief regarding the forfeiture. The court noted that the petitioner, being in prison, lacked access to these documents. The respondents, State of Maharashtra and Superintendent of Central Prison, Amravati, were represented by the Additional Public Prosecutor. The court, after hearing the parties, directed the respondents to produce the relevant documents and records pertaining to the punishments imposed on the petitioner. The court observed that the petitioner is entitled to know the basis of the forfeiture of remission to enable him to make an effective representation. The petition was disposed of with this direction.
Headnote
A) Prison Law - Remission - Forfeiture of Remission - Production of Documents - Convict sought direction for production of records of punishments of forfeiture of remission imposed during jail term - Court directed respondents to produce relevant documents and records pertaining to punishments imposed on petitioner - Held that petitioner is entitled to know the basis of forfeiture of remission for effective representation (Paras 1-4).
Issue of Consideration
Whether the petitioner is entitled to production of documents pertaining to punishments of forfeiture of remission imposed on him during his jail term, and whether such forfeiture was validly imposed.
Final Decision
The court directed the respondents to produce the relevant documents and records pertaining to the punishments imposed on the petitioner. The petition was disposed of with this direction.
Law Points
- Right to remission
- forfeiture of remission
- prison discipline
- production of documents
- natural justice
