Consider early release of gangster serving life term in murder case: SC to U.P. govt

Supreme Court directs U.P. government to consider premature release of gangster Babloo Srivastava within two months.

The Supreme Court has directed the U.P. government to consider within two months the premature release of gangster Om Prakash Srivastava, alias Babloo Srivastava, serving life term in a 1993 murder case.

A bench of Justices Abhay. S. Oka and Nongmeikapam Kotiswar Singh directed the State government to consider the plea seeking remission under sub-section (1) of Section 473 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023.

Srivastava sought the relief under Section 2 of the United Provinces Prisoners' Release on Probation Act, 1938 but the plea was rejected.

The top court said Section 2 of the 1938 Act was more stringent than Section 432 of the CrPC or Section 473 of the BNSS.

It said unless the State government recorded a finding that it was satisfied over the antecedents of a convict, or their conduct in prison, and that they were likely to abstain from crime and lead a peaceful life upon release, the convict couldn't be released.

"As far as the denial of relief under Section 2 of the 1938 Act is concerned, we cannot find fault with the order passed by the state government. The scope of Section 473 of the BNSS is completely different from Section 2 of the 1938 Act," the court said.

Therefore, the top court in an order on January 8 directed the State government to consider the case of the petitioner for grant of remission under sub-section (1) of Section 473 of the BNSS as "expeditiously as possible". The order said, "As the petitioner has undergone the actual sentence for more than 28 years, the case of the petitioner shall be considered and appropriate order shall be passed within a maximum period of two months. The order be communicated to the petitioner." The bench directed the court concerned— mandated to give its opinion under sub-section (2) of Section 473 of the BNSS— to forward it within 15 days from the date of receipt of the State's request.