Court Orders Reconsideration of Convict's Release, Criticizes Judicial Department's Speculative Reasoning
In a landmark judgment, the Calcutta High Court has quashed the Judicial Department's decision to deny premature release to Babulal Jadab, a life convict who has been incarcerated for 32 years. The court found the department's reasoning, based on the convict's age and speculative future criminal behavior, to be unsound and lacking in compassion.
Babulal Jadab, along with his brother Kailash, was convicted of murder and sentenced to life imprisonment in 1995. Despite the State Sentence Review Board's recommendation for his release in 2022, the Judicial Department rejected the proposal, citing Jadab's age of 51 as a potential risk for future crimes. This decision was challenged and brought before the High Court.
The division bench comprising Justices Arijit Banerjee and Apurba Sinha Ray emphasized that speculative reasoning should not hinder the reformation and reintegration of convicts into society. Highlighting the absence of any adverse reports from the correctional facility and the release of Jadab's co-convict brother in 2012, the court instructed the Judicial Department to reconsider their decision with empathy and consideration of Jadab's health conditions.
The judgment underscores the court's commitment to ensuring fair treatment of convicts seeking premature release, particularly when they have shown signs of reform. The Principal Secretary of the Judicial Department has been directed to reassess the case within three weeks, taking into account the High Court's observations.
Bottom Line:
Premature release of a convict cannot be denied solely based on speculative reasoning about potential future crimes, especially after 32 years of incarceration and in absence of health report consideration.
Statutory provision(s): Criminal Law.
Babulal Jadab @ Babulal Yadav v. State of West Bengal, (Calcutta)(DB) : Law Finder Doc id # 2843434
