Allahabad High Court
RAMSWAROOPversusPRAMOD KUMAR TRIPATHI, SUPERINTENDENT DISTRICT JAIL AND ANOTHER
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
No contempt of court is established against the Superintendent; the contempt application is dismissed.
Summary
The applicant, Ramswaroop, filed a contempt application against the Superintendent of District Jail, Pramod Kumar Tripathi, alleging failure to act on his mercy petition which had been placed before a committee and forwarded to the State Government. The petition was pending before the competent authority, which did not render a decision within the time prescribed by the writ court. While the matter was pending, the applicant died on 25 January 2026. The court held that since the applicant is deceased, the contempt application became infructuous and there was no contempt on the part of the Superintendent. Consequently, the contempt application was dismissed and the contempt notice discharged.
Issues considered
- Whether the Superintendent of District Jail is liable for contempt of court for delay in processing the applicant's mercy petition.
Subjects
- contempt of court
- mercy petition
- prison administration
- delay
- death of applicant
- writ jurisdiction
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CIVIL) No. - 4501 of 2025
Ramswaroop
.....Applicant(s)
Versus
Pramod Kumar Tripathi, Superintendent District
Jail And Another .....Opposite
Party(s)
Counsel for Applicant(s) : Anjeet Singh
Counsel for Opposite Party(s) :
Court No. - 9
HON'BLE ROHIT RANJAN AGARWAL, J.
1. Sri Pramod Kumar Tripathi, Superintendent, District Jail, Fatehpur is
present today in the Court, who is identified by Sri Pawan Kumar, learned
Standing Counsel.
2. An affidavit along with exemption application has been filed today,
which is taken on record.
3. According to learned Standing Counsel, in para 9, it has been
mentioned that the mercy petition of the applicant was heard by the
Committee on 11.11.2025 regarding premature release. The name of the
applicant was in the list of 46 convicted prisoners and the applicant was
placed at serial number 23. The records and checklist was forwarded to
the State Government for consideration at the competent level.
4. According to learned Standing Counsel, the matter relating to applicant
was processed at Government level and Special Secretary, Government of
U.P. vide letter dated 28.11.2025 addressed to the Director General/
Inspector General, Prison Administration & Reforms Service, U.P.,
Lucknow communicated the factual position as referred in the orders of
this Court.
5. As the matter was pending before the competent authority to take a
decision and the opposite party had complied the order of the writ Court,
the decision could not be taken by the competent authority and during
CAPL No. 4501 of 2025
2
pendency of the matter, the applicant unfortunately passed away on
25.01.2026 while undergoing treatment at SGPGI, Lucknow.
6. In view of the said fact as the applicant is no more, the contempt
application has become infructuous and the same stands dismissed.
7. This Court finds that the opposite party no.1 had processed the file and
forwarded it to the State Government which was sent to the competent
authority to take final call which failed to do so within the time granted by
the writ Court.
8. No case for contempt is made out against opposite party no.1.
9. Contempt application stands dismissed. Contempt notice stands
discharged.
(Rohit Ranjan Agarwal,J.)
February 16, 2026
SK Goswami
Digitally signed by :-
SHIVAKANT GOSWAMI
High Court of Judicature at Allahabad
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