The Delhi High Court on Monday ordered the immediate release of a life convict who had spent over 20 years in prison, ruling that authorities had repeatedly and mechanically rejected his plea for premature release without genuinely reconsidering his case. Justice Girish Kathpalia began the judgement with a prayer from Rig Veda and invoked Oscar Wilde’s words, “No saint is without a past, no sinner is without a future,” to underline that a person must be judged by his future choices rather than his worst mistake.
The court was hearing a plea by Moti alias Mohit, convicted in a 2004 double murder and theft case, whose request for premature release had been turned down five times by the Sentence Review Board despite a favourable police verification report and a prior High Court direction to reconsider his case afresh. He had approached the High Court challenging the fifth rejection plea.
The court observed that while every wrong deserves a consequence, “every consequence must have a limit lest it became wrong in itself.” The Justice said that every darkness carried in it a hope for light and every light holds a memory of darkness.
Moti’s conviction and sentence assigned by the trial court was subsequently upheld by the Delhi High Court and the Supreme Court of India. He has undergone more than 20 years of actual imprisonment and more than 24 years including remission when his case was considered by the SRB.
The SRB had cited the nature and gravity of the double murder and theft, his alleged propensity to commit crime again and a jail punishment imposed on him in 2018 for possession of two grams of tobacco.
However, the Delhi High Court said that the SRB’s latest decision was virtually a repetition of its earlier decisions and did not demonstrate any fresh application of mind.
The court particularly took exception to the manner in which the police verification report had been dealt with. Notably, the Police verification report was in favour of Moti and said that his only involvement was in the case he was convicted. The report also said that he was not involved with any of the criminal gangs and there has been no act of indiscipline, aggression or violence against him during bail, parole or furlough. However, the concerned DCP didnot recommend premature release.
On this, the DCP was asked to explain why the covering communication contradicted the contents of the police verification report. The court said that it did not find the explanation satisfactory. Instead, the DCP introduced additional observations which were not part of the original police verification report.
Justice Kathpalia held that the non-recommendation by the DCP, which became one of the bases for the SRB’s decision, was affected by “total non-application of mind” and that this defect consequently “percolated” into the SRB’s decision.
The High Court also examined Moti’s individual circumstances and found several factors in his favour.It noted that he was a first-time offender with no objectionable criminal antecedents. During his incarceration, he completed his graduation and worked in several capacities inside jail, including as a store assistant, plumber, control room assistant, office attendant and VC attendant.
A report also found that Moti worked as an attendant at a restaurant when released and supported his family. The report recorded that he intended to continue working in a restaurant after release and was determined to reintegrate with his family and community.
The court dismissed reliance on a minor 2018 jail infraction (possession of two grams of tobacco) as disproportionate given it had already been punished.
While acknowledging the gravity of the original crime, Justice Kathpalia held that after two decades, the offence’s severity must be weighed against the purpose of reformative sentencing, remarking that “time heals all wounds.” The court also noted that Moti’s daughter has suffered from a congenital medical condition since she was three months old.
Justice Kathpalia proposed reforms to the SRB’s composition — including sociologists, criminologists, and jail officials.
(With ANI inputs)