Read Time: 06 minutes

The Lucknow Bench of the Allahabad High Court has taken a tough stand on the release of four convicts, who had been awarded capital punishment by the trial court, on parole thrice during the Covid outbreak. 

The Division Bench of Justice Ramesh Sinha and Justice Vivek Varma has directed the Chief Secretary (State of U.P.)to hold an inquiry into circumstances that led to the relaxation and submit a report by December 20 stating as to how many such convicts, facing jail terms over seven years, were released.

In its order on December 13, the bench had criticized the state for “misusing” the Supreme Court Judgment dated March 23, 2020, wherein in view of Covid-19, the Top Court had ordered states to form high-powered committees to decongest jails by releasing inmates. This judgment was confined to offences punishable up to or less than 7 years with or without fine.

In pursuance of the Apex Court's order, the UP panel had decided to sanction parole to prisoners facing up to seven years of jail. However, on December 8, 2021, when instant capital sentence case and other connected criminal appeals were listed before the High Court for final hearing, the court was informed that the present convict-appellants, who had been awarded capital punishment by the trial Court are on parole. 

Taking note of this, the bench observed, 

"It is a matter of great concern and serious one.......We record our displeasure the manner in which the State has repeatedly acted in releasing the convict /appellants on parole thrice and no authority of the State was vigilant enough to check this gross failure by misusing the order of the Apex Court dated 23.03.2020."

The bench, accordingly, further directed the Counsel for the convict/appellants to inform the convict/ appellants to surrender themselves before the Chief Judicial Magistrate of the concerned district. 

Matter in brief

The court was dealing with the final hearing of the capital sentence case and other connected criminal appeals of the convicts — Krishna Murari, Raghav Ram, Kashi Ram and Ram Milan. 

They were awarded capital punishment on murder charges (under section 302 of the Indian Penal Code) by a trial court in Faizabad in 1999 and acquitted by the high court a year later. In 2008, the Supreme Court, however, set aside the acquittal and asked the High Court to hear the case afresh. After this, a non-bailable warrant was issued by the High Court on March 8, 2010, and the convicts were taken into custody. Since then they were in jail.

Surprisingly, later on, the convicts got released on parole thrice by state government orders issued on May 26, August 12, and December 2 in the year 2021. The high court has expressed its displeasure over state government's this move. 

The matter will be next heard on December 20, 2021, for final hearing.

Case Title: State of UP v. Krishna Murari @Murli and connected matters