The Supreme Court has directed the Uttar Pradesh government to decide within two months on the premature release of gangster Babloo Srivastava, who has served over 28 years in prison for a 1993 murder. The court emphasized considering his plea under Section 473 of the BNSS, 2023, noting his good conduct and long imprisonment, while ensuring compliance with procedural requirements involving the state and central governments.
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NEW DELHI: The Supreme Court of India has directed the Uttar Pradesh government to decide within two months on the early release of gangster Om Prakash Srivastava, also known as Babloo Srivastava, who is serving a life sentence for a 1993 murder case.
A bench comprising Justices Abhay S Oka and Nongmeikapam Kotiswar Singh instructed the state government to examine the plea for remission under sub-section (1) of Section 473 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023.
Srivastava initially sought relief under Section 2 of the United Provinces Prisoners’ Release on Probation Act, 1938. However, his plea was rejected. The Supreme Court observed that Section 2 of the 1938 Act imposes stricter conditions compared to Section 432 of the CrPC or Section 473 of the BNSS.
The court emphasized that, as per the law, a convict cannot be released unless the state government confirms satisfaction regarding the convict’s background, behavior in prison, and likelihood of abstaining from crime and leading a peaceful life post-release. The court stated,
“As far as the denial of relief under Section 2 of the 1938 Act is concerned, we cannot find fault with the order passed by the state government. The scope of Section 473 of the BNSS is completely different from Section 2 of the 1938 Act.”
On January 8, the Supreme Court issued an order directing the Uttar Pradesh government to process Srivastava’s case for remission under Section 473(1) of the BNSS as quickly as possible. The order stated,
“As the petitioner has undergone the actual sentence for more than 28 years, the case of the petitioner shall be considered and appropriate order shall be passed within a maximum period of two months. The order be communicated to the petitioner.”
The court further instructed the relevant authorities to expedite the process. It directed the court concerned under sub-section (2) of Section 473 of the BNSS to forward its opinion within 15 days of receiving the state’s request.
Additionally, the bench ordered-
“We direct the state government to immediately forward the case of the petitioner seeking concurrence or otherwise of the Central government within a period of 10 days… The authority concerned of the Central government shall take a decision on the same within four weeks. The proposal shall be immediately forwarded to the court concerned as well the authority concerned of the Central government along with a copy of this order.”
Srivastava is currently housed in Bareilly Central Jail and approached the Supreme Court seeking a decision on his premature release. He has argued that he has spent more than 26 years in prison and displayed good conduct, qualifying him for release under the state’s policy.
The gangster, who was once allegedly an associate of underworld don Dawood Ibrahim but later became his rival, was arrested by investigative agencies in Singapore. He was extradited to India in 1995 and faced charges in 42 cases, including murder and abduction.
On September 30, 2008, Srivastava was sentenced to life imprisonment by a special TADA court in Kanpur for the murder of customs officer L.D. Arora in Allahabad in 1993.
The case was investigated by the CBI.
Initially lodged in Naini Central Jail, he was transferred to Bareilly Central Jail on June 11, 1999. His appeal against the conviction was dismissed by the Supreme Court.
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