COURT ON ITS OWN MOTION Vs. PRINCIPAL SECRETARY, DEPARTMENT OF HOME, GOVERNMENT OF JHARKHAND AND OTHERS

JUDGEMENT

(1.) Taking suo motu cognizance of the ongoing hunger strike by the prisoners in the Central Prison, Ranchi, Hazaribagh, Palamau and other places in the State of Jharkhand, vide order dated 6th Feb., 2014, we have ordered notices to the (i) Principal Secretary. Department of Home, Government of Jharkhand; (ii) The Inspector General of Police, Jail, Government of Jharkhand; (iii) The Law Secretary, Government of Jharkhand; and (iv) Principal Probation Officer, Government of Jharkhand. On behalf of the respondents, Mr. Jai Prakash, learned Additional Advocate General, has taken notice and considering the facts and circumst ances of the case, the matter has been listed today i.e. 7.2.2014.

(2.) We have heard Mr. Jai Prakash, learned Additional Advocate General, appearing for the State of Jharkhand. The learned Additional Advocate General submitted that the last meeting of the State Sentence Review Board was held on Aug., 2012 and in the said meeting, 56 cases were considered. The learned Additional Advocate General further stated that the next meeting was scheduled to be held in the month of Nov., 2013. However, in the meantime, the judgment of the Honourable Supreme Court rendered in the case of Sangeet and Anr. Vs. State of Haryana, reported in (2013) 2 SCC 452 came and according to learned Additional Advocate General, in view of the observations made in para-61 of the said judgment, "appropriate Government under sub-section (1) of Sec. 432 Cr.PC cannot be suo motu for the simple reason that this sub-section is only an enabling provision. The appropriate Government is enabled to override a judicially pronounced sentence, subject to the fulfillment of certain conditions". learned Additional Advocate General submitted that in view of the judgment rendered in Sangeet's case (supra), the meeting of the State Sentence Review Board, which was scheduled to be held in Nov., 2012 to consider the ease of the prisoners, could not be held and, therefore, no case for remission was considered. It is stated that State Sentence Review Board is comprising of the following persons :

(3.) The learned Additional Advocate General contended that total 152 proposals are pending, out of which 106 proposal will be considered by the State Sentence Review Board, meeting of which is scheduled to be held today (7.2.2014).