The Supreme Court in the case Babu Khan vs State of Uttar Pradesh observed and has appeared the State of Uttar Pradesh for not complying with the Court’s earlier order, wherein it directed to consider and pass orders on the application of a convict seeking permanent remission.
The bench headed by Justice Abhay S Oka in the case observed and has heavily came down on the State for not complying with the Court’s order dated February 7 and had asked Rajesh Kumar Singh, Principal Secretary (Prison), State of Uttar Pradesh in order to appear through video conferencing for the hearing on Monday i.e., April 24, 2023.
The court observed that the bench headed by Justice Rajesh Bindal in the case also considered and has noted that he was unable to explain as to why the State Government had not appeared pursuant even after notice was issued and why the February 7 was not being compiled with.
Therefore, in the case the State Government apprised the Bench of its latest affidavit wherein a detailed copy of an order dated April 21, 2023, wherein the court ordered the petitioner release on probation as stated of the Uttar Pradesh Prisoners Release on Probation Act, 1938. Thus, as the court allowed the petitioner’s prayer, but with strong words, the court proceeded to dispose of the plea.
The court in its order dated February 07, 2023 would have been obeyed, the petitioner in the month of February, 2023 could have been released. Thus, the court disposed of the writ plea by an order dated April 21, 2023.
The bench in the case did not stop the same and has directed the Singh to file an affidavit explaining four aspects:
Why the State was not being represented before the said court even though the service of notice in terms of the February 7 order was being completed
Why the State did not comply with the order dated February 7
Why there being a delay is caused on the part of the state in issuing order dated April 21, 2023.
Accordingly, the court listed the matter to be next heard on May 8, 2023, while looking into the contents of the affidavit.
