The Delhi High Court recently reduced the life imprisonment sentences of five Jaish-e-Mohammed operatives to ten years in jail. Justices Suresh Kumar Kait and Manoj Jain noted that the trial court overlooked the remorsefulness of the convicts, who pleaded guilty promptly.
The Court emphasized the need for a reformative approach due to their youth and lack of prior convictions, stating that the sentences under IPC Section 121A and UAPA Section 23 should be reduced.
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“The man who has a conscience suffers whilst acknowledging his sin. We refer to a quote by Fyodor Dostoyevsky, the author of ‘Crime and Punishment’ and in chapter 19, Dostoevsky writes that “if he has a conscience he will suffer for his mistake; that will be punishment — as well as the prison”.” – The panel cited the novel “Crime and Punishment” by Russian author Fyodor Dostoevsky.
The Delhi High Court adjusted the sentences of Bilal Ahmad Mir, Sajad Ahmad Khan, Muzaffar Ahmad Bhat, Mehraj ud Din Chopal, and Ishfaq Ahmad Bhat, reducing their life imprisonment terms to ten years of rigorous imprisonment. Additionally, fines of Rs. 2,000 were imposed, with a stipulation for further imprisonment in case of default. The modification extended to Muzaffar Ahmad Bhat, whose sentence under Section 23 UAPA was also reduced.
In its decision, the Court emphasized that while the gravity of the charges was considered, it shouldn’t solely determine the sentence. Reflecting on the potential for rehabilitation, the Court highlighted the importance of India’s evolving justice system, emphasizing the goal of reform over lifelong incarceration.
Notably, the Court criticized the trial court’s lack of specific reasoning behind imposing maximum punishment for the mentioned offences under Section 121A IPC and Section 23 UAPA.
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