NEW DELHI, Feb 17: In the matter where the Supreme Court nudged Jammu and Kashmir administration to frame a policy for premature release of convicts, the UT administration has filed a report, taking into account which the Union was today given 4 weeks’ time to take appropriate decision.
Follow the Daily Excelsior channel on WhatsApp
A bench of Justices Surya Kant and N Kotiswar Singh heard the matter and passed the order, stating, “Additional Solicitor General seeks and is granted 4 weeks’ time to take an appropriate decision in terms of the report received from the Union Territory administration”.
The underlying case pertains to a convict undergoing life sentence for the offense under Section 302 of the erstwhile Ranbir Penal Code and Section 30 of the Arms Act, 1959. He was convicted for the murder of 3 colleagues and has spent about 18 years in custody.
On an earlier date, the Court noted that the J&K counsel was opposing the petitioner’s premature release solely on the ground that there was no policy framed by the UT for premature release on the basis of period of incarceration. Being of the view that the said ground may be untenable, the Court said that UT of J&K would be well-advised to frame the requisite policy.
“We, consequently, direct the Chief Secretary of the Union Territory to take up the matter with the Competent Authority for taking a policy decision as may be deemed fit by the Competent Authority”, ordered the Court, while calling for a compliance report.
At the outset of today’s hearing, Justice Kant pointed to ASG KM Nataraj (for Union) that there is “some favorable report” from J&K administration, following which the ASG said that he may be given time to verify/examine.
The facts of the case, as claimed, were thus: the petitioner-convict was serving in the Central Reserve Police Force (CRPF) in the year 2006. He had taken leave to go home to attend his younger sister’s marriage, but some senior officials scolded him in front of the whole battalion. The petitioner got so infuriated with this berating, that he shot dead three Sepoys, including a senior officer.
He was arrested on the date of the incident itself, ie 03.04.2006. The Trial Court convicted him under Section 302 RPC and sentenced to undergo life imprisonment on 11/13.08.2012. His Criminal Appeal was dismissed by the High Court on 31.03.2022, against which he filed a special leave petition before the Supreme Court. The said petition was disposed of on 29.08.2022, noting that if the petitioner was eligible for premature release as per the Policy, Rules or Regulations, he could apply to the competent authority. (Agencies)
Follow our WhatsApp channel
