Supreme Court has directed the Centre, and the Sentence Review Board of Puducherry has faced a stern admonishment. The court issued this warning for not addressing the mercy petition of a prisoner, disregarding the court’s earlier instruction. In addition to this, a serious warning was also issued.
As per a report by Live Law, on Monday, a division bench comprising Justice Abhay S Oka and Justice Augustine George Masih, who are presiding over the case, directed the Inspector General of Prisons to submit an affidavit detailing the board’s operations. Throughout the hearing, the court voiced significant dissatisfaction. It also cautioned that it would start contempt proceedings against the board members, including the Home Minister, for not adhering to court orders.
The division bench voiced dissatisfaction and stated that we will send a contempt notice to him (Home Minister). A contempt notice will be issued to every member of the Sentence Review Board. We will bring the Minister of Home Affairs here. If the directive from this court is treated with such disregard, we will summon the Home Minister to appear here.
The matter involves a request by petitioner Karuna, also known as Manoharan, who sought clemency after spending more than 24 years in a homicide case.
The petitioner was found guilty alongside other co-accused, including Satish, who received remission from the Supreme Court in January 2024, reversing the board’s ruling that refused their early release.
After the January decision, the Supreme Court instructed the Board on August 27, 2024, to revisit Karuna’s case considering the relief provided to Satish. The Court examined the minutes from the latest Board meeting, concentrating on paragraph 16 concerning the petitioner’s case. It determined that the Board had not assessed Karuna’s amnesty petition, as ordered, due to the absence of mention of the January 25 directive.
Supreme Court instructed that the case of the current petitioner be re-evaluated based on the order dated 25th January 2024 issued by this Court concerning the co-accused. Regrettably, the minutes reveal that the order from January 25, 2024, has not been taken into account.
Supreme court stated that on the surface, the Sentence Review Board has breached the directive given by this Court on 27/08/2024, and the Sentence Review Board must provide an explanation for this. We instruct the Inspector General of Prisons, who serves as the Member Secretary of the Sentence Review Board, to submit an affidavit clarifying the behavior.
Supreme court approved interim bail for Karuna because of the board’s non-compliance and the petitioner’s extended incarceration. The court directed that he be brought before the lower court, which will grant him temporary bail under suitable conditions after considering the state public prosecutors’ input on those conditions. The case will be heard by the Supreme Court on January 10, 2025. The court has requested that the Inspector General of Prisons submit his affidavit by January 6, 2025.