Pravin Avdhutrao Mendhe v. State Of Mah. Thr. Its Secretary Home Dep. Mantralaya Mumbai And 2 Others

2024:BHC-NAG:83-DB

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL WRIT PETITION NO.

OF 20 Pravin Avdhutrao Mendhe, aged about 45 years, Presently detained in Central Prison, Wadali Road Amravati, Tq. And Dist. Amravati, as convict No.C-3514 ... PETITIONER

VERSUS

1.

The State of Maharashtra, through its Secretary, Home Department, Mantralaya, Mumbai.

2.

Deputy Director General of Police and Inspector General of Prisons and Corrections, Pune, Maharashtra 3.

The Superintendent of Prison, Amravati Central Jail, Amravati, Dist.

Amravati, Maharashtra.

... RESPONDENTS.

_____________________________________________________________ Mrs. Anuprita Mishrikotkar (appointed) for the petitioner. Mrs. N. Tripathi, Addl.P.P. for the State.

______________________________________________________________ CORAM : VINAY JOSHI AND VRUSHALI V. JOSHI , J J.

DATED : 03.01.2024.

ORAL

JUDGMENT

: (Per : Vinay Joshi, J.) RULE. Rule made returnable forthwith.

2.

The matter is taken up for final disposal by consent of learned Counsel appearing for the parties.

3.

The petitioner's name has been permanently removed from the remission register. The Advisory Committee in its meeting considered the cases of several prisoners (including petitioner) for reentering the name of prisoners in remission register. However, the impugned order is very cryptic and without assigning the reasons. It does not disclose that before passing the order, explanation if any, given by the petitioner for late surrender was considered or otherwise. Notably for other basis reason may be cryptic have been assigned but for petitioner absolutely no reason has been given for rejection. 4.

As per the Government Resolution, there is a provision to reconsider the request of prisoners as per the parameter set out in the resolution itself. Since the reason has not been recorded, the Authority needs to reconsider its decision.

5.

In view of the above, the impugned order dated 01.03.2019 of rejecting the petitioner's claim for re-entering name into remission register is quashed and set aside.

6.

The Authority shall reconsider the petitioner's case and pass

appropriate reasoned orders within four weeks from the date of communication.

7.

The petition stands disposed of in above terms. Rule stands discharged.

8.

Fees of the appointed Counsel be paid as per Rules. (V RUSHALI V. JOSHI , J.) (VINAY JOSHI, J.) Trupti