SC upholds Gujarat HC order overturning remission granted to son of former MLA in 1989 Congress MLA murder case

Jadeja had moved a Special Leave Petition before the Supreme Court, challenging the order of the HC. The matter was heard on Monday in the apex court before a bench of Justices Dipankar Datta and Augustine George Masih. The SC order, which was made available Tuesday, states: “We are not inclined to interfere with the impugned judgment and order of the High Court; hence, the Special Leave Petition is dismissed…”

The dismissal of his petition means that Jadeja will have to surrender before the jail authorities on September 18 and initiate a fresh process for remission, as per the procedures stipulated for the same.

The HC verdict, delivered on August 22, was pronounced after hearing a petition filed by the grandson of Sorathiya, who was shot dead by Jadeja on Independence Day during a flag hoisting ceremony at Sangramsinh High School in Gondal. Jadeja had been apprehended on the spot and the case was tried under the TADA Act. While a sessions court had acquitted Jadeja as 45 witnesses turned hostile, the state had moved an appeal in the Supreme Court. In 1997, Jadeja was convicted for murder and awarded life imprisonment. However, it was only in April 2000 that Jadeja was nabbed after being on the run for almost three years.

The Gujarat HC order noted that it was a 2017 resolution in exercise of power under Article 161 of the Constitution of India by which the state government had granted remission to some convicts, who had served 12 years of their life sentence. Although Jadeja’s case was not considered at that time, in January 2018, his son submitted an application to the then Additional DGP, Jail, TS Bishth, seeking that his father be granted remission. The court order stated that Bishth, by a letter on the same day — January 29, 2018 — has directed Superintendent of Junagadh District Jail to grant remission to Jadeja, citing that he had completed 18 years of sentence.

The HC order stated, “It is declared that the direction issued by (TS Bisht, now retired)…to (the Superintendent, Junagadh District) by letter dated January 29 2018 is without authority and does not have any force of law and is a nullity and that premature release of (Jadeja) is illegal and without any authority of law and consequently, (Jadeja) is directed to surrender before the Jail Authority within a period of two weeks from (August 22).”

The HC had referred to a Supreme Court decision on remission granted to 11 convicts in the Bilkis Bano case, stating: “The rule of law must prevail over the personal liberty of person and court must be a beacon in upholding the rule of law failing which it would give rise to an impression that the Court is not serious about rule of law. While upholding the principle of rule of law, compassion and sympathy have no role to play where rule of law is required to be enforced…and… preserved as an essence of democracy and it is the duty of the Courts to enforce the same without fear and favor, affection or ill-will.”

The Gujarat HC also directed the state government to consider Jadeja’s fresh plea for remission as per procedures.