Supreme Court directs UP govt to decide ex MLA Uday Bhan Singh's plea for permanent remission in 2 months

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Synopsis

Singh, then a sitting BSP MLA, was one of the first lawmakers who lost his membership after being held guilty in the murder case in 2004 and he has remained in jail since then after dismissal of his appeal in the Allahabad High Court and the Supreme Court

The Supreme Court has directed the Uttar Pradesh government to consider permanent remission of former Uttar Pradesh MLA Uday Bhan Singh alias Doctor Singh, who was sentenced to life term in the 1999 triple murder case.

A bench of Justices Abhay S Oka and Pankaj Mithal has asked the UP government to take its decision within two months and apprise the court.

"The case of the petitioner for grant of permanent remission must be considered by the state government in accordance with the applicable policy. We, accordingly, grant time of two months to the state government to consider the case of the petitioner for grant of permanent remission. The order passed by the Competent Authority shall be placed on record within a period of two months from today," the bench further ordered.

Court has not posted the writ petition for further hearing on January 8, 2024.

The petitioner has claimed that he has undergone almost more than 21 years of substantive sentence and is above 70 years of age and suffering with various medical ailments.

Out of five persons who were finally held guilty and convicted for the offence under Section 302 IPC and sentenced to life imprisonment, three persons have been granted premature release by separate orders by the competent authority, he had said.

The top court had on September 5, 2022 granted interim bail to Singh directing him not to enter Bhadohi and Mirzapur districts during the period of interim bail.

Yesterday, the bench ordered the interim bail to continue.

Earlier, the petitioner's son Ashish Singh by an affidavit had refuted the contention of the Uttar Pradesh government that the petitioner faced multiple criminal cases.

Only four cases are pending against the petitioner and all four cases pertain to minor offences. Petitioner has already undergone the maximum sentence prescribed for the four cases, an affidavit stated.

Singh, then a sitting BSP MLA, was one of the first lawmakers who lost his membership after being held guilty in the murder case in 2004. He has remained in jail since then after dismissal of his appeal in the Allahabad High Court and the Supreme Court.

The case related to daylight murder of Surya Narayan alias Vakil Shukla, Devi Shankar Dubey, Sheshmani Dubey near Gopiganj-Mirzapur Road. Singh had subsequently surrendered in court in 2001. He won the 2002 UP Assembly elections from jail.

Case Title: UDAY BHAN SINGH @ DOCTOR SINGH vs. THE STATE OF UTTAR PRADESH and Ors.