Gujarat HC Directs Authorities to Decide Prisoner's Remission Plea Within Six Months

The Gujarat High Court disposed of a special criminal application after noting that remission proceedings were already underway, directing the concerned authority to take a decision within six months of receiving the order.

Justice M. R. Mengdey, sitting singly at the High Court of Gujarat at Ahmedabad, disposed of a Special Criminal Application filed by Mohammed Asgarali Mohammad Vajirali against the State of Gujarat and others on 17 June 2026. The court took note of jail remarks placed on record showing that the process for considering the petitioner's remission application was already in motion, and that an opinion from the Advisory Committee had been received. The bench directed the concerned authority to take a decision on the remission application, in accordance with law, as expeditiously as possible and preferably within six months from the date of receipt of the order.

The Remission Proceedings Before the Court

The petitioner, Mohammed Asgarali Mohammad Vajirali, had approached the Gujarat High Court by way of R/Special Criminal Application (Direction) No. 12305 of 2025. A connected Criminal Miscellaneous Application for parole leave, being Criminal Misc. Application (Parole Leave) No. 1 of 2025, was also taken up along with the main application.

Mr. Hemant B. Raval appeared for the petitioner. Ms. Jyoti Bhatt, Additional Public Prosecutor, appeared for the State of Gujarat as Respondent No. 1. Notice had been served on Respondents No. 2, 3, and 4.

The court's attention was drawn to jail remarks that had been submitted on record. Those remarks indicated that the process for considering the petitioner's case for grant of remission was already underway at the time of the hearing.

Advisory Committee Opinion Already Received

From the jail remarks, the court found that the opinion of the Advisory Committee had been called for and had since been received. The court noted that this opinion was to be placed before the concerned authority in the near future.

Given that the remission process had progressed to this stage, the bench did not find it necessary to issue any further directions beyond setting a time frame for the final decision. The court directed the concerned authority to take an appropriate decision on the petitioner's remission application, in accordance with law, as expeditiously as possible, and “preferably within a period of 6 months from the date of receipt of the order.”

Outcome

With the above observation, the Special Criminal Application was disposed of. The connected Criminal Miscellaneous Application for parole leave also stands disposed of.