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Synopsis

The Supreme Court recently directed the Uttar Pradesh government to expedite its decision on granting remission to gangster Om Prakash Srivastava, alias Babloo, who has already spent 28 years behind bars for his involvement in a criminal conspiracy and the 1993 murder of an Additional Customs Collector.

A bench of Justices Abhay S Oka and N Kotiswar Singh directed the state government to pass an order within a maximum period of two months on his application under Section 473 of the Bhartiya Nagarik Suraksha Sanhita, 2023 and said that the order should be communicated to him.

The petitioner, convicted for the offence punishable under Sections 120-B read with 302 of the Indian Penal Code, applied for grant of relief under Section 2 of the United Provinces Prisoners' Release on Probation Act, 1938.

By a communication of January 17, 2023, the said application made in Form-A was rejected. Though the petitioner filed a writ petition challenging the said order before the High Court of Judicature at Allahabad, Lucknow Bench, notwithstanding the earlier orders of the top court, the high court was unable to dispose of the petition.

The apex court then decided to hear his counsel on merits.

"On perusal of Section 2 of the 1938 Act, we find that the provisions are more stringent than Section 432 of the Code of Criminal Procedure, 1973 or Section 473 of the Bhartiya Nagarik Suraksha Sanhita, 2023. Unless the State Government records a finding that it is satisfied from antecedents of a convict or his conduct in prison that he.or she is likely to abstain from crime and lead a peaceful life if he is released from prison, the relief of release on licence cannot be granted," the bench said.

As far as the denial of relief under Section 2 of the 1938 Act was concerned, the bench said it could not 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. We, therefore, direct the State Government to consider the case of the petitioner for grant of remission under sub-section (1) of Section 473 of the BNSS as expeditiously as possible," the bench said.

Court observed that since the petitioner has already served over 28 years of his sentence, his case should be considered, and an appropriate order must be passed within a maximum period of two months.

In the facts of the case, the court said, "Since the petitioner has undergone actual sentence for more than 28 years, we request the concerned court which is required to give its opinion in terms of sub-section (2) of Section 473 of the BNSS to forward its opinion within a period of 15 days from the date of receipt of the request made by the State Government".

The bench directed 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 concerned authority of the Central Government shall take a decision on the same within four weeks. The proposal shall be immediately forwarded to the concerned Court as well the concerned authority of the Central Government along with a copy of this order," the bench ordered.

The court also made it clear that the case of the petitioner should be considered under Section 473 of the BNSS without being influenced by the reasons recorded in the order by the state government on January 17, 2023.

The court thus disposed of the special leave petition filed by Srivastava, currently lodged in Bareilly Central jail.

The gangster was once an associate of international terrorist Dawood Ibrahim, but subsequently turned his enemy.

He was caught in Singapore by the investigating agencies and extradited to India in 1995.

On September 30, 2008, he was sentenced to a life term by a special TADA court in Kanpur in connection with the 1993 murder of customs officer LD Arora in Prayagraj, formerly known as Allahabad.

Case Title: Om Prakash Srivastava @ Babloo Vs Union of India & Ors