On Monday, the Delhi High Court reduced the sentences of five Jaish-e-Mohammed operatives from life imprisonment to ten years in jail.
A Division Bench of Justices Suresh Kumar Kait and Manoj Jain made this decision, noting that the trial court had been influenced by the gravity of the charges and overlooked the remorsefulness of the convicts, who had pleaded guilty at the earliest opportunity.
“Taking this into account, along with their youth and lack of previous convictions, the trial court’s approach should have been more focused on their rehabilitation, as noted in the judgment. Therefore, it is appropriate to reduce the sentences under Section 121A of the IPC and Section 23 of the UAPA,” the Court stated.
The Bench referred to a quote from Fyodor Dostoevsky’s novel, “Crime and Punishment,” emphasizing the inner torment of those with a conscience. The Court believed that justice would be served by reducing the sentence to ten years of rigorous imprisonment.
“Consequently, we modify the appeals so that the appellants serve ten years of rigorous imprisonment under Section 121A IPC, with a fine of Rs. 2,000, and undergo an additional one-year sentence in case of default in fine payment. For appellant Muzaffar Ahmad Bhat, the sentence under Section 23 UAPA is also reduced to ten years of rigorous imprisonment, with the same fine and additional sentence,” the Court ordered.
The five individuals—Bilal Ahmad Mir, Sajad Ahmad Khan, Muzaffar Ahmad Bhat, Mehraj ud Din Chopal, and Ishfaq Ahmad Bhat—had been sentenced to life imprisonment for offences under Sections 121A (conspiracy to wage war against the government of India) and Section 23 (aiding a terrorist organization) of the Unlawful Activities Prevention Act (UAPA), as well as several other offences under the IPC and UAPA.
The Court stressed that the severity of the charges alone should not determine the sentence. It believed there was potential for redemption, emphasizing the need for rehabilitation over lifelong incarceration.
The High Court also noted that the trial court did not provide specific reasons for awarding the maximum punishment for the offences under Section 121A IPC and Section 23 UAPA.
Senior Advocate Nitya Ramakrishnan, along with advocates Ashwath Sitaraman, Bedotroyi Gupta, Stuti Rai, and Kunal Malik, represented the convicts, while the NIA was represented by Special Public Prosecutor (SPP) Gautam Narayan, as well as advocates Asmita Singh, Zeenat Malik, Harshit Goel, and KV Vibu Prasad.
