HC to state: Consider remission for POCSO convict under Ambedkar remission scheme

Bombay High Court directs state to consider remission for POCSO convict Tukaram Mhaske under Ambedkar remission policy, citing previous judgments.

Mumbai: The Bombay high court recently asked the state to consider remission for Tukaram Pandurang Mhaske, a convict serving a life sentence under the POCSO Act, under its 2017 Ambedkar remission policy.

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Under this policy, the state grants the prisoners a three-month remission on account of the 125th Birth Anniversary of Dr Babasaheb Ambedkar, except for those falling within certain specified exceptions.

This decision comes after the additional sessions judge, Greater Bombay, previously denied Mhaske the benefit of the policy without providing substantive reasons.

A division bench of justices Bharati Dangre and Manjusha Deshpande, heard the writ petition filed by Mhaske, who has already served 7 years and 10 months of his sentence. Mhaske’s counsel, Mr Amey S Ajgaonkar, argued that his client is eligible for remission under the policy issued on June 3, 2017.

The state’s policy stipulates that prisoners serving more than five years and up to 20 years can receive a one-time remission of up to three months. Those serving more than one year and up to five years are eligible for a two-month remission, while prisoners serving from three months to one year can get 15 days of remission, and those sentenced to three months can receive a seven-day remission. However, convicts under TADA, POTA, or any law about engaging in war against the nation are excluded from this policy.

The court noted that Mhaske does not fall under the excluded categories of prisoners who are ineligible for remission as outlined in the government resolution. Despite this, the Additional Sessions Judge had previously refused Mhaske’s remission request, citing the upholding of his conviction by the high court as the sole reason.

Justice Dangre and justice Deshpande emphasised that the state government’s remission policy, formulated under Section 432(1) of the Code of Criminal Procedure, does not vest discretion in the judges or the government to deny the benefits arbitrarily. They highlighted that previous judgments by the high court have extended the policy’s benefits to other convicts in similar circumstances.

The court ruled that Mhaske should be granted remission following the government resolution and directed the State Government to update his remission status within four weeks.