The bench was hearing a plea from Shahid Gafoor, a Pakistani national and JeM militant, who argued for his release citing a 16-year imprisonment term already served.
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The Supreme Court of India, in a recent session, expressed its dissatisfaction with the Delhi government’s prolonged delay in deciding the remission pleas of 114 life convicts, including a member of the designated terrorist organization Jaish-e-Mohammed (JeM). The Court has mandated the Lieutenant-Governor of Delhi to resolve these matters within two weeks.
Justice A S Oka, leading a two-judge bench that included Justice Ujjal Bhuyan, highlighted a concerning trend among state governments regarding remission applications.
“When it comes to granting remission, all state governments are the same. There is a pattern. All state governments mechanically reject the first application for remission without considering it,”
Justice Oka observed, pointing out the routine dismissal of such pleas without due consideration.
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The bench was hearing a plea from Shahid Gafoor, a Pakistani national and JeM militant, who argued for his release citing a 16-year imprisonment term already served. The JeM is recognized as a terrorist organization, and Gafoor’s association with it is a significant aspect of his conviction.
Representing the government, Additional Solicitor General Vikramjit Banerjee informed the bench that the sentence review board convened on December 21, 2023, to deliberate on the remission pleas. The outcomes of this meeting were then forwarded to the Delhi Government Home Department for further action by the Lieutenant-Governor, the authority responsible for decisions on premature releases.
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However, the Supreme Court bench expressed strong disapproval of the government’s approach, stating,
“What you are doing is an absolute breach of the top court’s December 11 order. You have not clarified which remission policy you are following. What you did was very objectionable.”
The case of Shahid Gafoor dates back to February 2007, when the Special Cell of Delhi Police apprehended him and three others, recovering explosives and money. This arrest and the subsequent recovery of incriminating materials underline the severity of the charges against Gafoor.
This development in the Supreme Court brings to light the critical issue of the judicial process and the treatment of remission pleas in India, especially concerning convicts with links to recognized terrorist organizations. The Court’s directive for a swift resolution underscores the need for a more thoughtful and expedient approach to such cases by state authorities
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