A division bench comprising Justice Ajay Bhanot and Justice Divesh Chandra Samant of the Allahabad High Court observed that the release of a prisoner sentenced to life imprisonment after serving a period of five years, ten months and eighteen days appears to be a disturbing state of affairs. The bench made this observation while hearing a criminal writ petition filed by Shailendra Singh concerning the remission granted to Jai Deo Singh, who had been convicted under Sections 302 and 148 of the Indian Penal Code for murder.
The bench, after noting the submissions of counsel for the petitioner, stated that prima facie the manner in which the remission was granted to a person convicted of a grave offence and sentenced to imprisonment for life after only five and a half years of incarceration raises serious concern. The court described the situation as a disturbing state of affairs and sought an explanation from the executive authority responsible for the remission.
Court Seeks Affidavit from Principal Secretary (Home), Uttar Pradesh
In order to ascertain the basis on which the remission was awarded, the bench directed the Principal Secretary (Home) of the Government of Uttar Pradesh to file a personal affidavit disclosing the criteria and the specific grounds relied upon for granting the remission to the convict. The court emphasized that the affidavit should set out the factual and legal considerations that led to the decision to release the prisoner after serving less than six years of a life sentence.
The bench made it clear that the affidavit must be filed by the Principal Secretary personally, indicating the high level of scrutiny the court intends to apply to the executive’s exercise of remission powers in this case.
Directions to Implead the Convict and Issue Notice
While dealing with the petition, the court also directed the petitioner, Shailendra Singh, to implead the beneficiary of the remission, Jai Deo Singh, as a co‑respondent in the proceedings. The bench ordered that notice be issued to Jai Deo Singh calling upon him to appear and respond to the allegations raised in the petition concerning the grant of remission.
This procedural step ensures that the person whose release is under judicial examination is afforded an opportunity to be heard before the court passes any further order on the matter.
Matter Listed for Further Hearing
Having recorded the parties’ submissions and issued the aforementioned directions, the bench directed that the matter be listed for hearing after a period of four weeks. The court indicated that during the intervening time it expects to receive the affidavit from the Principal Secretary (Home) and any response from the newly impleaded co‑respondent, after which it will consider the appropriateness of the remission granted.
The bench clarified that no final order has been passed at this stage and that the present observations are made strictly on the basis of the material placed before it, pending a more detailed examination of the executive’s justification for the remission.
Background of the Petition
The petitioner, Shailendra Singh, contended that despite the gravity of the offence for which Jai Deo Singh was convicted—murder punishable under Section 302 IPC, read with Section 148 IPC relating to rioting—the respondent was released from custody after serving only five years, ten months and eighteen days of a life sentence. The petitioner argued that such an early release, granted without adequate justification, undermines the purpose of a life sentence and warrants judicial intervention.
Advocate Vashishtha Narayan Tripathi, appearing for the petitioner, placed on record the details of the conviction, the sentence imposed, and the actual period of incarceration before the remission took effect. The advocate urged the court to scrutinise the remission order and to call for the executive’s rationale behind it.
The bench, after hearing the advocate’s submissions, echoed the concern that the remission appears to have been granted after a comparatively short period of detention for a offence classified as grave under the penal code.
Implications of the Court’s Observations
By terming the remission a disturbing state of affairs, the Allahabad High Court has signalled its willingness to examine closely the exercise of remission powers in cases involving life imprisonment for serious offences. The direction to obtain a personal affidavit from the senior home department official underscores the court’s insistence on transparency and accountability in the remission process.
The order to implead the convict and issue notice ensures that the affected party is brought into the litigation, allowing the court to consider any factual rebuttal before reaching a conclusion. The adjournment for four weeks provides a reasonable window for the executive to furnish the requested explanation and for the parties to prepare their respective positions.
At present, the court has refrained from passing any substantive order on the validity of the remission, limiting itself to seeking clarification and setting the matter down for further hearing. The forthcoming proceedings will determine whether the remission granted to the Singh withstands judicial scrutiny or whether any corrective direction is warranted.