In commemoration of the ensuing 77th Independence Day on August 15, 2023, the state government has decided to remit the sentences for certain categories of prisoners, who had been convicted by the courts (other than Court Martial) having criminal jurisdiction in the State of Nagaland and sentenced to rigorous imprisonment.
In exercise of the power conferred by Article 161 of the Constitution of India, the state government has granted remission of sentences to the different categories of prisoners lodged in the Jails of Nagaland and outside, other than those in respect of whom the sentence is inflicted for an offence against, or the Order referred to in Sub-section 6 of Section 432 of the said Code, passed under any law relating to which the Executive Powers of the Central Government extends.
The scale of remission of sentence for different categories: 30 days for prisoners sentenced to 10 years and above; 20 days for prisoners sentenced to 5 years to 10 years; 10 days for prisoners sentenced to 1 year to 5 years and five days for prisoners sentenced up to 1 year.
However, the remission granted under the order would not be admissible to the following categories of prisoners convicted under Foreigners Act; Passport Act; Unlawful Activities (Prevention) Act; under Section 3 to 10 of Official Secrets Act, 1923; Section 2 to 3 of Criminal Amendment Act, 1961; Section 121 to 130 of IPC; Section 107/109 of CrPC; Prevention of Corruption Act; Narcotic Drugs and Psychotropic Substances Act, 1985; rape, attempt to rape or assault on women; convicted prisoners found violating jail rules and discipline such as threatening/ intimidation/quarrelling/beating of fellow prisoners/staff and smuggling of contraband and prohibited articles and foreign National convicted under any Acts. The remission order would take effect from August 15, 2023.
Special remission granted to 2 convicted prisoners: Governor of Nagaland has grant special remission to two convicted prisoners, who would be released on August 15, 2023.
It may be mentioned that as a part of celebration of ‘Azadi Ka Amrit Mahotsav’ to commemorate the 75th Anniversary of India’s Independence, the Government of India had decided to grant special remission to certain categories of prisoners and release them in three phases—August 15, 2022, January 26, 2023 and August 15, 2023.
As per the Ministry of Home Affairs directives, the state level screening committee examined the cases of eligible prisoners satisfying the conditions as laid down by the MHA and recommended for special remission to two convicted prisoners: Wongto Chollen from District Jail Mokokchung and Humozo K Tara from District Jail Phek.
Remission to eligible convicted prisoners: In celebration of the 77th Independence Day and consequent to the proposals submitted by DG (Prisons), the State Government has granted remission to the 36 eligible convicted prisoners in the State including 10 from Central Jail, Chumoukedima, one from District Jail, Kohima, two from District Jail Kiphire; three from District Jail, Longleng; two from District Jail, Mokokchung; 12 from District Jail, Mon; four from District Jail, Wokha and two from District Jail, Zunheboto. The Remission Order will take effect from the 15th of August 2023.