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Chand v State [2025] FJHC 383; HAA021.2025 (23 June 2025)

IN THE HIGH COURT OF FIJI

AT SUVA

[APPELLATE JURISDICTION]

CRIMINAL APPEAL NO. HAA 021 OF 2025

PRAVEEN CHAND

APPELLANT

V

STATE

RESPONDENT

Date of Judgment: 23 June 2025

JUDGMENT

(Summary Dismissal)

[1] The Appellant, Praveen Chand is an inmate. He is incarcerated at the Maximum Corrections Centre.

[2] He contends that the Officer in charge forfeited his remission of sentence and that when he appealed to the Commissioner, the Commissioner had not responded to his appeal under the Corrections Service Act.

[3] The Appellant then filed an appeal against the forfeiture of his remission to the High Court in its original jurisdiction.

[4] Section 17 of the Corrections Service Regulations 2011 states that:

The Commissioner shall have power to review all proceedings heard by any Supervisor or senior officer under these Regulations.

[6] In addition to the above power of the Commissioner, section 18 of the Corrections Service Regulations 2011 expressly provides:

A prisoner may appeal to the Commissioner against any decision made under this section to forfeit remission, and the Commissioner may uphold the decision, overturn it or vary it in any respect.

[8] This appeal by the Appellant is misconceived. The Appellant has no right of appeal to the High Court. His right of appeal against the forfeiture of his remission lies with the Commissioner of Fiji Corrections Service.

[9] The appeal is summarily struck out for lack of jurisdiction.

............................................................
Hon. Mr Justice Daniel Goundar

Solicitors:
Appellant in Person
Office of the Director of Public Prosecution for the Respondent