The bench said, “What you are doing is absolute breach of the top court’s December 11 order. You have not clarified which remission policy you are following. What you did was very objectionable.”
Conveying its displeasure over the time being taken by the Delhi government in deciding the remission pleas of 114 life convicts, including a Jaish-e-Mohammed militant, the Supreme Court has asked the Lieutenant-Governor to take a decision in two weeks.
Justice A S Oka, presiding over a two-judge bench, said when it comes to considering remission applications, all states mechanically reject them. “When it comes to granting remission, all state governments are the same. There is a pattern. All state governments mechanically reject the first application for remission without considering it,” he said.
The bench also comprising Justices Ujjal Bhuyan was hearing a plea by JeM militant and Pakistan national Shahid Gafoor, who sought release saying he had already spent 16 years in prison.
Appearing for the government, Additional Solicitor General Vikramjit Banerjee informed the bench on Friday that the sentence review board had met on December 21, 2023 to consider the remission pleas and the minutes of the meeting had been forwarded to the Delhi Government Home Department for submission to the Lieutenant-Governor, who is the competent authority to decide on premature release.
The bench said, “What you are doing is absolute breach of the top court’s December 11 order. You have not clarified which remission policy you are following. What you did was very objectionable.”
The Special Cell of Delhi Police had arrested Gafoor and three others in February 2007 and recovered explosives and money from their possession.