Terming as “laughable” the UP Govt’s decision to reject remission of sentence of 3 life convicts on grounds that included their “socio economic status not being appropriate”, the Apex Court has granted the 3 interim bail to enable them to come out of Jail after nearly sixteen years.
A bench of Justice Sanjay Kishan Kaul & Justice R Subhash Reddy pulled up the state authorities for rejecting the convicts’ remission plea “without applying mind” & said it was done to just to prevent them from coming out of jail. Additional solicitor general Aishwarya Bhati, appearing for the state, agreed to reconsider the application.
“It troubles us when the state behaves like this. They are in jail for the last 16 years without parole. If the government has devised the policy then it should be implemented in true spirit,” the bench said & directed the state to reconsider their petition.
Referring to the order passed by a joint secretary declining the request for release of the prisoners on various grounds, including refusal to give an undertaking & their socio-economic status not being appropriate, the bench said, “We are appalled to read the order passed…. We are of the view that the officer concerned possibly does not even understand the contours of what is required to be considered before deciding such an application.”
The bench said that “We have found the consideration laughable as the question of petitioners being involved in any other crime did not arise as they have been in custody without parole for 16 years. If wrong material is placed before the competent authority, the result will naturally be not correct. It thus appears to us that the police authorities are somehow or the other preventing the release now as a matter of some kind of prestige, their conduct having been commented upon in an adverse way by this court”.
“We have also perused the information report/recommendation of the DM which appears to us a mere formality rather than a serious consideration. We would have thought that police will do some introspection but it does show only an obdurateness,” the Court said while noting that it had also earlier asked the authority to reconsider their remission plea.
The Court granted the state 4 weeks’ time to do the needful on the remission plea of the convicts who were awarded life imprisonment in a murder case.