Jail Superintendent Must Explain His Conduct: Supreme Court Orders After Petitioner In Prison Writes Letter To Withdraw Petition Despite Legal Representation
The Supreme Court expressed surprise at the presentation of a letter from the petitioner, indicating a desire to withdraw the petition, especially since the petitioner was legally represented. The Court pointed out that it was improbable for the petitioner to personally issue such a letter and noted the questionable conduct of the Jail Superintendent in obtaining it.
A two judge Bench of Justice Abhay S. Oka and Justice Pankaj Mithal observed, “In the letter, it is mentioned that Sessions Court has given a positive opinion and, therefore, he wants to withdraw the petition. When the petitioner is represented by an Advocate, if the petitioner intended to withdraw the petition, he would have instructed his lawyer to do so. It is unfortunate that the Jail Superintendent has obtained such a letter from the petitioner.”
The Court further directed, “Even the Jail Superintendent must file an affidavit and explain his conduct.”
The Court perused an earlier order dated August 21, 2023, and found that the respondent No. 1-State had failed to comply by not making a final decision on granting permanent remission to the petitioner. The Court noted that the Jail Superintendent had recommended granting permanent remission in August 2023 to the Principal Secretary of the State's Home Department. On August 21, the Court had directed the State to reconsider the case of the petitioner for the grant of permanent remission within the period of one month.
The Court said, “The Principal Secretary of the State Government of the Home(Prison) Department, owes an explanation to this Court for not complying with the order dated 21.08.2023.”
Advocate Irshad Hanif appeared for the Petitioner and Advocate Vishal Prasad appeared for the Respondents.
The Principal Secretary and the Jail Superintendent were given two weeks to submit affidavits regarding these matters, and it was clarified that no further extensions would be granted. The case is scheduled for listing on October 13, 2023.
Cause Title: Chain Singh v. The State of Chhattisgarh & Anr.