Govt remits imprisonment of 5 life convicts

Jammu, Aug 12: J&K government has remitted the remaining term of imprisonment of five life convicts, with effect from August 9, 2024.

The move comes in compliance with an order by the Supreme Court, passed on July 18, 2024, while disposing of a writ petition.

These murder convicts, whose imprisonment term has been remitted, included Mohammad Yousaf Shah, 47, son of Abdul Gani Shah, resident of Estate Colony, Nawabad, at present House No 337, Street 11, Talab Tillo, Jammu; Des Raj, 50, son of Om Parkash, resident of Hakkal Satwari; Suresh Kumar alias Moti, 34, son of Kaka Ram, resident of Dhertee tehsil Katra of district Reasi, at present Ranni Malhar Morh, P O Garhi in district Udhampur; Tarsem Lal, 58, son of Rattan Chand, resident of Khepar tehsil R S Pura, district Jammu and Mohammad Bashir, 61, son of Mohammad Azam, resident of Arhi Mohra Kandi, tehsil Mendhar of district Poonch.

The writ petition was filed by Mohd Yousaf Shah and other convicts.

“In exercise of the powers conferred under Section 473 of Bharatiya Nagarik Sanhita, 2023 (BNSS) read with S O 188 (E) of 1974 dated March 20, 1974, of the Ministry of Home Affairs, Government of India and in compliance to the order dated July 18, 2024, passed by the Supreme Court of India in WP (Crl) No 142/2024 titled Muhammad Yousaf Shah & Others versus State of J&K, the Lieutenant Governor has ordered that the remaining term of imprisonment of the five life convict prisoners will be remitted with effect from the date of issuance of notification i.e., August 9, 2024,” read a notification issued by Principal Secretary Home, Chandraker Bharti.

Earlier on July 18, 2024, Justice B R Gavai of the Supreme Court, while disposing writ petition of these life convicts, had allowed their “premature release”, as was recommended by the State of J&K also, taking into consideration the period of incarceration undergone by them.

“In so far as the petitioners Muhammad Yousaf Shah, Des Raj, Suresh Kumar alias Moti, Tarseem Lal and Muhammad Bashir are concerned, counsel for the State fairly submits that State has already recommended their premature release, taking into consideration the period of incarceration undergone by them. As in respect of them, the State itself has recommended their premature release, we are inclined to allow the petition,” Justice Gavai had observed.

“We direct their premature release. They are permitted to be released forthwith if they are not required in any other case,” Justice Gavai had ordered.

Muhammad Yousaf, convicted under Sections 302/377/201/511 RPC, had already undergone imprisonment of 21 years, 2 months and 23 days as on July 15, 2024, while Des Raj, convicted under Sections 302 RPC, 4/25 IAA and Suresh Kumar, convicted under Sections 302 RPC 5/27/30 I A Act had undergone punishment of 24 years, 1 month, 20 days and 17 years, 4 months, 22 days respectively, as on July 15, 2024.

Similarly, Tarsem Lal, convicted under Sections 302/34 RPC, 3/25 A Act, 4/125 A Act and Muhammad Bashir, convicted under section 302 RPC, as of July 15, 2024, had undergone imprisonment of 16 years, 11 months, 10 days and 17 years, 1 month and 14 days respectively.

Reduction of imprisonment of life convicts, as per notification, however, will be subject to certain conditions.

The specified conditions stipulate that the convicts will furnish a surety bond and a personal bond to the satisfaction of the concerned Superintendent's jail before their release.

“They shall maintain peace, good character and behaviour in the society and shall not indulge in any unlawful activity, which is prejudicial to the maintenance of the public order and security of the State. Besides, they shall ensure their presence before the concerned police station, once in six months and the Police Station (concerned) shall keep watch on the activities of the released prisoners,” directed Bharti, while stipulating conditions.

Earlier in October 2023, the J&K government had remitted the remaining term of 2 lift-convicts.

Out of the two, one convicted for rape, under Sections 376, 451 RPC and serving life imprisonment, had completed 16 years, 11 months and 14 days (excluding remission) up to July 15, 2023, while another was a murder convict and had already undergone 16 years, 7 months and 17 days up to August 15, 2019 (excluding remission) in prison.