The Allahabad High Court has set aside the Uttar Pradesh government order to grant premature release to a prisoner serving life sentence in criminal cases.
The Division Bench of Justice Vivek Kumar Birla Justice Surendra Singh-I passed this order while hearing a petition filed by Sanjay Verma.
The petition has been filed by Verma, who was fatally injured in the related Sessions Trial in which convict respondent no 5, Man Singh’s sentence was remitted.
The petitioner has prayed to:-
(i) issue a writ, order or direction in the nature of certiorari quashing the impugned Government Order dated 01.02.2019 passed by Vishesh Sachiv, Karagar Prashasan Evam Sudhar Anubhag-2, Uttar Pradesh Shasan, Lucknow;
(ii) issue any other suitable writ, order or direction which the Court may deem fit and proper under the circumstances of the case;
(iii) award the cost of the petition to the petitioners.
The Governor of the State of UP has remitted the remaining sentence of Man Singh exercising the power under Article 161 of the Constitution of India.
The Special Secretary, Jail Administration & Reforms has issued impugned order, Lucknow dated 01.02.2019 granting aforesaid remission to Man Singh, son of Jardan Singh, lodged in Central Jail, Agra, who was convicted and sentenced with life imprisonment in under section 148, 307/149, 302/149 IPC and 25 of Arms Act by Additional Sessions Judge, Jhansi order dated 20.08.2009 and whose conviction was upheld by the Court order dated 12.09.2017.
It has been submitted by the counsel for the petitioner that Man Singh has a criminal history of 27 cases which were not taken into consideration while the impugned order granting him remission was passed.
It has also been submitted by the counsel for the petitioner that due to indiscriminate firing by Man Singh and other convicts, the petitioner, Sanjay Verma, received grievous injuries and his bodyguard Ajay Goswami died of gunshot wounds.
It has also been submitted that Man Singh was previously convicted in four sessions trials u/s 302 IPC with life imprisonment and in one case under Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986, for 10 years imprisonment. The UP Government order dated 01.02.2019 has concealed these facts.
The Court noted,
In the counter-affidavit filed on behalf of the State, it has been admitted that respondent no 5, Man Singh has been released vide Government Order, Lucknow dated 01.02.2019 passed by Special Secretary granting remission to the petitioner.
It has also been submitted that the power of remission is vested in the Governor under Article 161 of the Constitution of India for premature release of the convict persons and the impugned order was validly passed under Article 161 of the Constitution of India.
It has also been submitted that Man Singh was qualified to be released under Clause 2-C of policy dated 01.08.2018 and he was rightly released by the impugned order dated 01.02.2019.
According to the government notification, Man Singh’s remaining period of sentence was remitted by the Governor under Article 161 of the Constitution of India as Man Singh had fulfilled the following requirements as per the provisions mentioned in the GO:-
(i) he had undergone the sentence of 12 years 2 months without remission;
(ii) the medical board had given an opinion that the convict is suffering from ‘congestive heart failure’ which is one of the diseases mentioned in the GO.
The provisions regarding grant of pardons, etc, by Governor of a State is given in Article 161 of the Constitution of India which is as follows :-
- Power of Governor to grant pardons, etc., and to suspend, remit or commute sentences in certain cases:- The Governor of a State shall have the power to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of any person convicted of any offence against any law relating to a matter of which the executive power of the State extends.
“Under this Article, the Governor has the power to grant pardons etc, and to suspend, remit or commute the sentence of any person convicted of any offence against any law “relating to a matter to which the executive power of the State extends”.
According to Article 162 of the Constitution of India, the executive power of the State extends to matters with respect to which the Legislature of a State has power to make laws”, the Court said.
“From the above mentioned facts and circumstances of the case, we are of the considered opinion that respondent no 5, Man Singh was not entitled to remission of sentence as this case was covered by the prohibition no (x) mentioned in above G.O dated 01.08.2018 and while granting remission, his 26 other criminal cases was not brought to the notice of the Governor.
Thus, the impugned order dated 01.08.2018 by which respondent no 5, Man Singh was granted remission of sentence was without authority of law and is liable to be set-aside,” the Court observed while allowing the petition.
“The aforesaid impugned order no 314/22-2-2019-17(150)/2019, Lucknow dated 01.02.2019 granting remission to respondent no 5, Man Singh is hereby quashed and set aside,” the Court ordered.