Supreme Court - Daily Orders
Badlu vs State Of U.P on 21 July, 2022
Bench: Uday Umesh Lalit, S. Ravindra Bhat, Sudhanshu Dhulia
1
IN THE SUPREME COURT OF INDIA
CRIMINAL ORIGINAL JURISDICTION
WRIT PETITION (CRIMINAL) NO.127 OF 2022
BADLU & ANR. Petitioners
VERSUS
STATE OF U.P & ANR. Respondents
O R D E R
This petition under Article 32 of the Constitution of India submits inter alia that the petitioners were convicted under Section 302 read with Section 34 of the Indian Penal Code, 1860 (“IPC” for short) and were awarded life sentence; that the petitioners have completed 19 years of actual imprisonment; and that their case for commutation/remission are not being considered by the appropriate Government. In the circumstances, it is prayed that a direction be issued for premature release of the petitioners.
In response to the petition, Mr. Vinod Diwakar, learned Additional Advocate General appearing on behalf of the State submits:
Signature Not VerifiedDigitally signed by Dr. Mukesh Nasa
Date: 2022.07.25 a. Uttar Pradesh Prisoners’ Release on Probation Rules, 10:53:50 IST Reason: 1938 were promulgated which dealt with the exercise of power of commutation by the concerned Government. 2 b. These Rules were amended from time to time. c. The governing policy with regard to certain matters was framed in the year 2012; in terms of which, in a case where more than three deaths have occurred as a result of any massacre in which the accused were involved, certain minimum period of sentence has to be undergone before which the application seeking commutation/remission cannot be considered. Mr. K.L. Janjani, learned Advocate appearing in support of the petition on the other hand submits that certain other accused, not exactly involved in the same transaction, were prematurely released under the orders passed by the State Government. At this juncture, Mr. Janjani, learned Advocate submits that the petitioners would be satisfied if their cases are considered by the appropriate Authority in accordance with the applicable policy. Considering the request made by Mr. Janjani, we have no difficulty in passing directions in terms of such request. We, therefore, direct as under:
i. The concerned jail authorities and the District Legal Services Authority shall render assistance to the petitioners in preferring appropriate application(s) seeking commutation/ remission. ii. Let the needful be done within four weeks from today.3
iii. As and when such applications are preferred, the concerned authorities shall consider and dispose of the applications within two months. The writ petition is disposed of in aforesaid terms.
............................J. (UDAY UMESH LALIT) ............................J. (S. RAVINDRA BHAT) ............................J. (SUDHANSHU DHULIA) New Delhi, July 21, 2022.4
ITEM NO.13 COURT NO.2 SECTION X
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Writ Petition (Criminal) No.127/2022 BADLU & ANR. Petitioner(s) VERSUS STATE OF U.P & ANR. Respondent(s) (FOR ADMISSION; IA No.46988/2022 – FOR GRANT OF BAIL; and, IA No.46986/2022 – FOR EXEMPTION FROM FILING O.T.) Date : 21-07-2022 This petition was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE UDAY UMESH LALIT HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE SUDHANSHU DHULIA For Petitioner(s) Mr. K. L. Janjani, AOR Mr. Anil Kumar Pandey, Adv.
Mr. Shail Jakant Dubey, Adv.
For Respondent(s) Mr. Vinod Diwakar, AAG Mr. Adarsh Upadhyay, AOR Mr. Ajay Kumar Prajapati, Adv. UPON hearing the counsel the Court made the following O R D E R The writ petition is disposed of, in terms of the Signed Order placed on the file.
Pending applications, if any, also stand disposed of.
(MUKESH NASA) (VIRENDER SINGH)
AR-cum-PS BRANCH OFFICER