The Lucknow Bench of the Allahabad High Court has taken a tough stand on the release of four convicts who had been awarded capital punishment under Section 302 IPC by the trial court on parole thrice during the Covid outbreak.
The Division Bench of Justice Ramesh Sinha and Justice Vivek Varma passed this order while hearing a petition filed by Krishna Murari @ Murli.
On December 8, 2021, when capital sentence and other connected criminal appeals were listed before the Court for final hearing, it was informed by counsel for the convict-appellants that the convict-appellants in the above-captioned appeals have been released on parole in pursuance of the order of the Apex Court dated March 23, 2020 passed in Suo Motu Writ Petition, in re: Contagion of Covid 19 Virus in Prisons.
On such a statement having been made, AGA Umesh Chandra Varma sought an adjournment for the day to enable him to enquire about the said fact.
Varma then informed the Court that the four appellants, namely, Krishna Murari, Raghav Ram, Kashi Ram and Ram Milan, have been released on parole thrice in compliance of the order dated March 23, 2020 passed by the Apex Court, firstly, on May 26, 2021 pursuant to the Government Order dated May 25, 2021, secondly on August 19, 2021 pursuant to Government Order dated August 12, 2021, and thirdly on December 7, 2021 pursuant to Government Order dated December 2, 2021, each time for a period of sixty days.
The Court noted,
“It transpires from the record that complainant-Rama Kant Varma preferred Criminal Appeal no 934 to 939 of 2011 with Criminal Appeal No 1202-1206 of 2011, before the Apex Court against the order dated December 21, 2000 passed by a Co-ordinate Bench of the Court, whereby the above-captioned Capital Sentence No 1 of 2000 was rejected and other connected Criminal Appeals were allowed and Criminal Revision No 14 of 2000 was dismissed and further directed to acquit the accused/appellants from the charges of offenses punishable under Sections 302, 149, 148 IPC and set-aside the judgment and order of conviction and sentence under appeal. The Apex Court, order dated December 02, 2008, while allowing the appeals preferred by the complainant-Rama Kant Varma, set aside the findings of the acquittal recorded by the High Court order dated December 21, 2000 and remitted the matter to the High Court to hear the same afresh and dispose of the same in accordance with law.”
The Court observed that after the order of the Apex Court dated December 2, 2008 remitting the matter to the Court for deciding it afresh, a non-bailable warrant was issued by the Court on March 8, 2010, in pursuance of which all four appellants were taken into custody and since then they were in jail but the State Government has passed orders thrice, as referred to above, releasing them on parole in compliance of the order of the Apex Court dated March 23, 2020.
The Court further noted,
“In the backdrop of the matter, on query being raised from the Additional Government Advocate as to under what circumstances, appellants were released on parole thrice, even though the order of the Apex Court dated March 23, 2020 passed in Suo Motu Writ Petition is only applicable for offences involving punishment for a period up to or less than 7 years with or without fine, whereas in the case, the appellants were awarded capital punishment by the Trial Court order dated December 21, 1999, he could not give satisfactory answer and he fairly conceded that the said order of release on parole could not have been passed in the facts of the case.”
Further when the Court questioned the Counsel for the convict/appellants about the release of the appellants on parole thrice, they could not also justify it and stated that the State has released them.
The Court said that, it is a matter of great concern and serious one as the release on parole by the State taking the aid of the order of the Apex Court dated March 23, 2020 passed in Suo Motu Writ Petition, which cannot be made applicable to the convict/appellants, who have been awarded capital punishment under Section 302 IPC by the trial Court, as the judgment was confined to offences punishable upto or less than 7 years with or without fine.
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“We record our displeasure at the manner in which the State has repeatedly acted in releasing convicts /appellants on parole thrice and no authority of the State was vigilant enough to check this gross failure by misusing the order of the Apex Court dated March 23, 2020.”
The Court directed the Counsel for the convict/appellants to inform the convict/ appellants to surrender themselves before the Chief Judicial Magistrate, Faizabad forthwith, failing which, the Chief Judicial Magistrate, Faizabad is directed to take convict/appellants in custody in pursuance of the order dated December 21, 1999 passed in Sessions Trial No 85 of 1985 : State Vs. Krishna Murari and others.
The Court further directed the Chief Judicial Magistrate, Faizabad to send a compliance report to the Court on or before the next date of listing.
“The Chief Secretary, State of Uttar Pradesh, shall hold an inquiry in the matter as to under what circumstances the convict/appellants were released on parole thrice including the release order dated December 2, 2021 though they have been awarded capital punishment under Section 302 IPC by the trial Court on December 21, 1999 and their appeals are being pending for final hearing before the Court and also to submit a report as to how many such convicted persons for death and life imprisonment by the trial Court and other convicts, who were in jail for the offences involving punishment for more than seven years, have been released in the State of UP in pursuance of the order of the Apex Court dated March 23, 2020, within one week.”
“The Chief Secretary, Uttar Pradesh shall also file his personal affidavit in this regard. Let the matter be again listed along with all the connected appeals and revision on December 20, 2021 for final hearing,” the Court ordered.