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Forward Prisoners' Pleas to HC Within 48 Hours, Gujarat HC Tells Jail Authorities

'It is expected from the jail authority that as and when any application is received from any prisoner/convict through jail, the same be forwarded to the high court...'
The Wire Staff
Oct 22 2022
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'It is expected from the jail authority that as and when any application is received from any prisoner/convict through jail, the same be forwarded to the high court...'
Gujarat high court. Photo: PTI
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New Delhi: The Gujarat high court has directed the state's prison authorities to forward applications by prisoners or convicts through jails to the high court within 48 hours, LiveLaw reported.

The bench of Justice Samir J. Dave further directed the high court's registry to list all such applications received from the jail authority on board, preferably within 48 hours from the time of its receipt.

The high court made these observations while hearing a case of a convict who had submitted a bail application on September 29, which could be circulated to the court only on October 17.

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The LiveLaw report cited the high court's order, saying: "It is expected from the jail authority that as and when any application is received from any prisoner/convict through jail, the same be forwarded to the high court, along with necessary remarks, preferably within a period of 48 hours.

"It is also expected from the high court registry that all applications received from the jail authority are listed on board preferably within 48 hours from the time of its receipt, and if it is not possible to notify the matter in the regular board, then the same be notified in the per court board or special board/ separate board."

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According to the report, one Javed, a POCSO (Protection of Children Against Sexual Offences) convict, had submitted a bail application before the Ahmedabad Central Jail, Sabarmati on September 29.

However, the remarks were prepared by the jail authority on October 6, and were, thereafter, forwarded to the office of the jail superintendent. The application was sent to the high court registrar on October 7, the news outlet reported.

On receipt of the application from the jail authority on October 11, the judicial registrar forwarded the same to the department concerned, and the application could be circulated to the court only on October 17.

Thus, noting such a delay on the part of the jail authority as well as the registry, the high court issued the relevant directions to the jail authorities and the registry.

However, since the high court found no merits in the matter, the bail application was rejected.

This article went live on October twenty-second, two thousand twenty two, at zero minutes past seven in the morning.

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