Delhi HC Asks Govt to Reconsider Life Convict's Release, Cites Kautilya & Ashoka

Last Updated:
A man serving life imprisonment for murder had approached the Delhi High Court seeking premature release under the Delhi Government's 2004 remission policy.
Rooting remission in ancient Indian jurisprudence, the Delhi High Court cited Kautilya's Arthashastra and Ashoka's edicts while directing the government to reconsider the premature release of a life convict who had once jumped parole.
Observing that reformative justice must guide such decisions, a bench led by Justice Girish Kathpalia, in a 22-page judgment, remarked, 'There existed a conscious and consistent thought amongst ancient thinkers, aimed at reformation of criminals in order to achieve the larger goal of peace in society by minimisation of crime and criminogenic tendencies. Later, thinkers across the globe nurtured the idea that reformatory policies are more productive than a deterrent and retributory approach to crime and criminal."
These observations came in a case where a man, booked under IPC Section 302 for murder and serving life imprisonment, had filed a plea before the high court seeking premature release under the Delhi Government's 2004 remission policy.
It was the petitioner's case that he had already served over 18 years without remission and more than 21 years with remission. He added that he had applied for premature release; however, his request had been rejected five times by the Sentence Review Board (SRB).
The said rejections were primarily based on the gravity and perversity of the offence, along with his 2010 parole jump. Further, the authorities had also pointed to his re-arrest in 2015 in two separate cases, although he was subsequently acquitted in both.
The Board had further alleged a non-reformative attitude based on his past conduct, and the police had also consistently raised objections.
Before the High Court, the petitioner, represented by Senior Advocate Arundhati Katju, argued that all of the SRB's orders were mere copy-paste versions and that the Board had ignored recent developments.
While acknowledging that the petitioner had jumped parole, Katju contended that the incident occurred 15 years ago and should not, by any means, bar him from liberty or remission. Presenting commendation certificates from jail and other authorities, the senior counsel highlighted his consistent good behaviour and emphasised that the SRB had failed to re-evaluate the case.
On the other hand, the State, represented by Sanjeev Bhandari, Additional Standing Counsel, emphasised the seriousness of the crime and noted that commendation certificates alone were not enough. Arguing that the SRB is a technical committee, the ASC contended that the high court's scope under Article 226 is limited when it comes to reviewing its discretionary decisions.
Taking note of the submissions, the court, at the outset, noted that the SRB's repeated rejections showed no real application of mind and were 'virtually copy-paste" from earlier meetings.
'The SRB deals with human beings, that too those who have been deprived of liberty across a long span of time on account of their aggression which led to criminality. The approach of the SRB ought to be reformation-oriented and not a routine disposal/statistics-dominated exercise. The composition of SRB needs to be re-examined by the authorities concerned so as to make the exercise of sentence review meaningful and commensurate to the laudable philosophy of reformation of criminal…," the court added.
Addressing the parole violation, the court noted that the incident had occurred way back in 2015 and that more than a decade had passed since. It emphasised that there had not been even a whiff of any allegation of jail misconduct on the part of the petitioner.
Highlighting six commendation certificates issued by the jail and other authorities, the court remarked that these certificates reflected genuine reformative growth by the petitioner and should have been meaningfully considered.
'Commendation certificates are not just formalities; they are guiding tools for the SRB to assess real reform," the court added.
Accordingly, the court allowed the petition and directed the respondent to reconsider the petitioner's case for premature release.

Try Our AI Features

Explore what Daily8 AI can do for you:

Learn with AIFact CheckingText to SpeechAI Summary

Related Articles

Hans India

42 minutes ago

• Hans India

Sourav Ganguly Says No to Politics, Open to Coaching India

Sourav Ganguly is a famous Indian cricketer. He said he does not want to join politics. He will not take part in elections. Even if someone asks him to become Chief Minister, he will say no. He said he loves cricket. He wants to stay in the game. After he stopped playing, he became the President of BCCI. Now he wants to become the coach of the Indian team. He also talked about Virat Kohli and Rohit Sharma. They have stopped playing Test matches. In 2027, Kohli will be 38 years old and Rohit will be 40. Ganguly said it is hard to play so many matches at that age. Ganguly said it is not easy to find new players like Kohli. But only Kohli and Rohit can decide if they want to play more. Ganguly is happy to help cricket, but he will not go into politics.

News18

an hour ago

• News18

'Wake-Up Call': Rs 16 Crore Smuggling Network Busted At Mumbai Airport, 2 Staffers Arrested

Last Updated: On June 22, officers of the Air Intelligence Unit arrested two airport staffers who were found smuggling 24KT gold dust — coated in wax and stuffed inside socks in uniform pockets. In back-to-back busts within just 48 hours, Mumbai Customs Zone III has exposed a dark underbelly of smuggling operations at the Chhatrapati Shivaji Maharaj International Airport — uncovering nearly Rs 16 crore worth of illegal drugs and gold. On June 21, acting on specific intelligence, two Indian nationals arriving from Bangkok were intercepted. A thorough baggage check revealed 11.881 kg of high-grade hydroponic marijuana, cleverly vacuum-sealed and hidden inside pillow covers in their trolley bags. With an illicit value of Rs 11.88 crore, the bust is among the city's biggest drug seizures this year. Both passengers were arrested under the NDPS Act, and investigations are underway to trace the international network they were working for. Just a day later, on June 22, officers of the Air Intelligence Unit arrested two airport staffers who were found smuggling 24KT gold dust — coated in wax and stuffed inside socks concealed in their uniform pockets. The seizure, weighing 4.44 kilograms and valued at Rs 4.24 crore, exposed a worrying trend of insider involvement in organised gold smuggling. The two individuals were booked under the Customs Act, 1962. Authorities are now widening their probe into possible collusion between internal staff and gold smuggling syndicates operating across international routes. These twin operations have shaken the airport's security grid and reinforced the urgency of tightening internal surveillance mechanisms. Customs officials said these seizures underscore a larger challenge — smugglers are not only getting creative with concealment but also infiltrating from within. 'This is a wake-up call. Whether it's narcotics in tourist luggage or gold in staff uniforms, our teams are alert and acting without hesitation," a senior Customs official told News18. Further investigations are in progress to map out the criminal networks behind both high-stakes operations. First Published:

News18

an hour ago

• News18

Terror Trail: Pahalgam Attack Linked To Infiltration From Poonch, Group Active Since 2023

Last Updated: The group, active for over a year in the Jammu region, is suspected to be involved in at least three major attacks on Indian security forces Security agencies have pieced together the terror trail behind the recent Pahalgam attack, revealing that the militant group infiltrated through Dehra Ki Gali (DKG) in Poonch and operated across Jammu and Kashmir since late 2022 or early 2023. The group, active for over a year in the Jammu region, is suspected to be involved in at least three major attacks on Indian security forces before it moved operations into Kashmir in the second half of 2024. The group's first established act of violence came on December 21, 2023, in an ambush at Dera Ki Gali in the Bufliaz area of Surankote, Poonch, where four Indian Army soldiers were killed in action. Intelligence inputs later confirmed their involvement in another attack on May 2024, when they ambushed an Indian Air Force convoy at Bakrabal Mohalla near Sanai, also in Surankote. After months of operating in Poonch's dense forests and mountainous terrain, the group is believed to have shifted base to Kashmir via the same DKG-Bufliaz route, around August–September 2024. Movement Into Kashmir: Splitting For Coordinated Strikes Upon reaching Budgam, the group split into two smaller modules, one moving towards Gulmarg, and the other to Sonmarg. On October 20, Junaid, a local militant, along with a Pakistani associate, fired on non-local workers near Sonmarg. Days later, on October 26, another team launched an attack on Army trucks in Gulmarg. In a major counter-insurgency operation, Junaid was trapped near Harwan in Srinagar alongside a Pakistani terrorist. Only Junaid was neutralised during the operation, which then extended over 15 days in search of the remaining operatives. A breakthrough came when images retrieved from Junaid's phone confirmed the group's involvement in earlier attacks in Poonch, linking their violent trajectory across regions. Convergence And The Pahalgam Attack Investigations now suggest that the two sub-groups regrouped before executing the Pahalgam attack, marking a dangerous consolidation of resources and planning. Security agencies involved in the post-attack response intercepted communication signals from three locations, Hapatnar, Tral, and DH Pora—suggesting the group's broader footprint and possible safe zones. Sources suggest the communication signals may have been a deliberate attempt to disrupt search efforts in the forested region. Terrain Tactics: Navigating Without Roads A key revelation from the probe is the group's exclusive use of mountain routes, bypassing road surveillance entirely. The interconnected mountain ranges provided ideal cover for movement and regrouping, complicating tracking efforts for security forces. With the pattern of attacks now becoming clearer, agencies continue to intensify counter-terror operations across the Kashmir Valley, focusing on isolating the remaining members of this highly mobile and lethal group.