Nagpur bench grants 90-day educational remission to prisoner who completed MA in jail
The Bombay High Court's Nagpur bench ordered 90 days' special remission for Amar Rathi, holding that his case falls under the 2019 circular, not the one issued in May 2026.
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The Nagpur bench of the Bombay High Court has ordered 90 days' special remission on educational grounds for Amar Rathi, who is serving a sentence in jail. Rathi had completed a postgraduate degree, an MA, while in prison and had sought the remission on that basis.
Rathi was convicted by a trial court in 2017 and sentenced to 15 years' rigorous imprisonment under Sections 6, 10 and 12 of the POCSO Act and Sections 77(2) and 51 of the Navy Act, 1957. He has been in jail since then.
Rathi told the court that he had completed his MA in December 2024, well before the disputed circular was issued. On that basis he had sought 90 days' special educational remission.
The Maharashtra government had issued a circular on October 3, 2019, which made clear provision for remission on educational grounds. Under it, passing SSC/HSC (Class 12) earns 90 days' remission. Completing a degree course earns another 90 days, and so does completing a postgraduate degree. Completing an MPhil, PhD or research course earns an additional 90 days.
A new circular was issued on May 6, 2026. On the basis of this circular, Rathi's request for educational remission was rejected on May 12, 2026. Rathi challenged the order by approaching the High Court.
Advocate Kadu, appearing for Rathi, argued that both the request for remission and the date of completing the postgraduate degree preceded the new circular. The matter therefore fell under the old circular, which clearly provides 90 days' special remission for a postgraduate degree. She said rejecting the request on the basis of the new circular was wrong and the order should be set aside.
The public prosecutor opposed the plea but accepted that both the petitioner's application and the completion of the postgraduate degree predated the new circular.
After hearing both sides, the High Court said the petitioner's case came under the old circular, as his application and his educational qualification both preceded the new circular. Justice Urmila Joshi Phalke and Justice Raj Wakode then ordered 90 days' special remission on educational grounds.
