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50 yrs in jail? What does it mean, asks court

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Mohan Kumar

Posted: Jul 31, 2009 at 0138 hrs IST

Mumbai A government letter recommending a 50-year jail term for a convict, Nishan Singh Jaimal Singh Sohel, had the Bombay High Court wondering on Thursday whether the number of years was correct.

Sohel, convicted as a Khalistan terrorist, has been in jail for 18 years. He had sought release based on his 14-year jail report. The state issued a letter that he should remain in jail for 50 years or till the age of 65.

“There’s something wrong with this,” observed a division bench of Justice B H Marlapalle and Justice Roshan Dalvi. “It must be 15 years; can’t be 50 years.”

Sohel’s advocate N N Gawankar as well as public prosecutor P A Pol confirmed that 50 years was exactly what the letter said.

“What does it mean? He has already completed 18 years. When are you going to consider his remission?” Justice Marlapalle asked the government.

“If the government says he has to spend his life in prison then he will surely die in prison,” Justice Marlapalle observed. “We have to consider this issue now.” The court issued a notice to the government.

The state’s letter, dated April 20, invokes the amended guidelines of December 18, 2008, which give the state the power to expand a sentence without the convict’s consent on the ground that if the convict is released, he might commit similar offences. The letter cites “the seriousness of crime and its social implications, the convict’s political philosophy and the premeditated manner in which the serial offences have been committed”.

Sohel contends that the state letter violates the 1992 guidelines for consideration of premature release of life convicts.

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