Court Finds SRB's Denial of Premature Release Based on Crime's Gravity Arbitrary and Violative of Fundamental Rights
In a landmark judgment, the Delhi High Court has directed the immediate release of Rajab Ali @ Babloo, a convict serving life imprisonment for the heinous crime of raping a 3.5-year-old child. The court found the Sentence Review Board (SRB) had arbitrarily rejected his premature release multiple times, failing to consider his exemplary behavior and reformative progress during his incarceration.
The decision, delivered by Justice Neena Bansal Krishna, came after Rajab Ali filed a writ petition challenging the SRB's repeated denial of his release despite recommendations from probation officers and his positive conduct in semi-open and open prisons. The court noted that the SRB's rejections were based solely on the crime's gravity and police opposition, without engaging substantively with the relevant factors like his reformative conduct and socio-economic background.
Justice Krishna criticized the SRB for its mechanical and perfunctory approach, emphasizing that the refusal to consider relevant aspects such as Ali's participation in rehabilitation programs, gainful employment during parole, and good conduct violated his fundamental rights under Article 21 of the Constitution. The judgment highlighted the need for a reformative approach to punishment, focusing on rehabilitation and reintegration rather than retribution.
The court also underscored the importance of reasoned orders in the decision-making process, noting that the SRB's orders were almost copy-paste, lacking transparency and fairness. It emphasized that while the nature and gravity of the offence are important considerations, they cannot be the sole basis for denying premature release.
The High Court's intervention in ordering Rajab Ali's release reflects its commitment to upholding the principles of natural justice and the fundamental rights of individuals. The judgment is expected to have significant implications for the functioning of the SRB and the broader application of remission policies in the criminal justice system.
Bottom line:-
Premature release of convict serving life imprisonment rejected arbitrarily by Sentence Review Board (SRB) despite meeting reformative criteria and demonstrating exemplary conduct during incarceration.
Statutory provision(s): Bharatiya Nagarik Suraksha Sanhita, 2023, Delhi Prison Rules, 2018, Article 21 of the Constitution of India, Article 226 of the Constitution of India, Remission Policy, 2004
Rajab Ali @ Babloo v. State (NCT of Delhi), (Delhi) : Law Finder Doc id # 2878637
