Court observed once it is established that a person has deprived another person of his life and liberty, such a person has no right to ask the court to uphold his liberty.
Srinagar:The High Court of J&K and Ladakh on Friday dismissed an appeal filed by Ashiq Husain Factoo and Nazir Ahmad Sheikh, seeking remission of their sentences as they have completed over 20 years in jail.
The court of Justice Sanjay Dhar and Justice M A Choudhary while dismissing the petitions upheld the constitutional validity of Rule 54.1 of the J&K Jail Manual (now repealed) and Rule 20.10 of the J&K Prison Manual, 2022, which excludes persons convicted for militancy related activities for being considered for remission.
While denying the remission, Court left it open to the competent constitutional authorities to consider the cases of the petitioners for grant of remission in exercise of their powers.
The court reaffirmed that life imprisonment means the convicts natural life unless commuted by the President of India or Governor of a state under Article 71 and 161 of the constitution.
The court observed that once a person has been convicted of a crime and due procedure of law has been followed, it cannot be stated that by putting him behind the bars in accordance with the judgment of the criminal court, his right under Article 21 of the Constitution gets infringed.
“In fact, once it is established that a person has deprived another person of his life and liberty, such a person has no right to ask the court to uphold his liberty”, division bench recorded.
Factoo and Sheikh has been in jail for over two decades and both are convicted under section 3 of the TADA Act.
Factoo was convicted for the murder of Human rights activist HN Wanchoo in 1992 and Sheikh was convicted for the killing of a BSF personnel.
Factoo has sought his release after completing 20 years in Jail, citing section 3 of the J&K prisons Act for life imprisonment as being equivalent to 20 years.However, Court reiterated that life imprisonment means convicts natural life unless remitted by executive powers.