Case Note & Summary
The petitioner, Vishnu Tejram Bisen, a life convict sentenced under Section 302 IPC by the Sessions Court, Gondia, was released on parole for 30 days from 18 August 1997 on the ground of his mother's illness. Before the parole period expired on 18 September 1997, he sent an application on 23 August 1997 to the Divisional Commissioner, Nagpur, seeking a 60-day extension, accompanied by a medical certificate from the Rural Hospital, Tiroda, stating his mother required two more months of treatment for severe anaemia and hypertension. The Commissioner received the application on 3 September 1997 but neither granted nor rejected it. The petitioner, after waiting, voluntarily surrendered on 18 October 1997, 30 days late. The Superintendent of Prison held an inquiry and imposed a punishment of 5 days remission cut for each day of absence, totaling 150 days, which was approved by the Sessions Judge and the Inspector General. The petitioner challenged this order by way of a criminal writ petition. The court observed that the Commissioner failed to communicate any decision on the extension application, leaving the petitioner in uncertainty. The court held that the punishment could not be sustained as the authority's inaction violated natural justice. The writ petition was allowed, and the order imposing the remission cut was quashed.
Headnote
A) Prison Law - Parole Extension - Remission Cut - Natural Justice - The petitioner, a life convict, was granted parole for 30 days due to his mother's illness. He applied for extension before expiry but received no response. He surrendered late and was penalized with a 150-day remission cut. The court held that the failure of the Divisional Commissioner to communicate the rejection of the extension application violated principles of natural justice, and the punishment was set aside. (Paras 1-5)
Issue of Consideration
Whether the punishment of remission cut imposed on a prisoner for overstaying parole is valid when the authority failed to communicate the decision on his extension application.
Final Decision
The writ petition is allowed. The order imposing cut of 150 days remission is quashed and set aside.
Law Points
- Parole extension
- remission cut
- natural justice
- communication of decision
- Prison Rules
