On Monday(20th May),The Delhi High Court reduced the sentences of five Jaish-e-Mohammed operatives from life imprisonment to ten years, emphasizing a reformative approach. Justices Suresh Kumar Kait and Manoj Jain delivered the order.
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NEW DELHI: On Monday(20th May), The Delhi High Court reduced the sentences of five Jaish-e-Mohammed operatives from life imprisonment to ten years in jail. The Division Bench comprising Justices Suresh Kumar Kait and Manoj Jain delivered the order, emphasizing the need for a reformative approach rather than a purely punitive one.
The Bench noted that the trial court had been overly influenced by the severity of the allegations, neglecting the remorse shown by the convicts, who had pleaded guilty at the earliest opportunity. The judges highlighted the young age of the convicts and their lack of previous convictions as crucial factors.
“Taking into account their young age and the absence of any prior convictions, the Trial Court should have adopted a more reformative approach, which it acknowledged in the judgment but did not implement. Therefore, this case warrants a reduction in the sentences imposed under Section 121A of the IPC and Section 23 of the UAPA.”
-the Court said.
In a notable literary reference, the Bench cited Russian novelist Fyodor Dostoevsky’s “Crime and Punishment.”
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The Court quoted-
“The man who has a conscience suffers while acknowledging his sin.” The judgment cited Dostoevsky’s words from chapter 19: “if he has a conscience, he will suffer for his mistake; that will be punishment — as well as the prison.”
The High Court determined that justice would be best served by reducing the sentences to rigorous imprisonment for ten years.
The Court ordered-
“Therefore, we modify the sentences and dispose of all the appeals. For the offence under Section 121A IPC, the appellants are sentenced to ten years of rigorous imprisonment and fined Rs. 2,000/-. If they fail to pay the fine, they will serve an additional year of simple imprisonment. In the case of Crl A No. 56/2023 concerning appellant Muzaffar Ahmad Bhat, the sentence under Section 23 UAPA is similarly modified to ten years of rigorous imprisonment with a Rs. 2,000/- fine, and an additional year of simple imprisonment in case of default on the fine.”
Background:
Bilal Ahmad Mir, Sajad Ahmad Khan, Muzaffar Ahmad Bhat, Mehraj ud Din Chopal, and Ishfaq Ahmad Bhat were initially sentenced to life imprisonment for offenses under Sections 121A (conspiracy to wage war against the government of India) and Section 23 (aiding terrorist organization) of the Unlawful Activities Prevention Act (UAPA). They faced additional charges under various sections of the IPC and UAPA.
The Court emphasized that the accusations shouldn’t be the sole factor in deciding the duration of the sentence.
“There is no evidence indicating their irredeemability. India has made considerable advancements across sectors, and our justice system is no exception. It asserts that the core objective of punitive measures should prioritize the rehabilitation of individuals, rather than lifelong exclusion from society through incarceration,”
-emphasized the Court.
The High Court criticized the trial court for not providing specific reasons for imposing the maximum punishment for the offenses under Section 121A IPC and Section 23 UAPA.
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- Senior Advocate Nitya Ramakrishnan, along with advocates Ashwath Sitaraman, Bedotroyi Gupta, Stuti Rai, and Kunal Malik, represented the convicts.
- The National Investigation Agency (NIA) was represented by Special Public Prosecutor (SPP) Gautam Narayan, supported by advocates Asmita Singh, Zeenat Malik, Harshit Goel, and KV Vibu Prasad.
