11 policemen wrote to the government and sought suspension of their life sentence to give instruction to their advocates
The Bombay High Court on Wednesday set aside an order of the state government suspending for six months the life imprisonment sentence handed down to 11 policemen involved in the fake encounter case of Ramnarayan Gupta alias Lakhanbhaiya in 2006.
A division bench of justices BP Dharmadhikari and Revati Mohite Dhere termed the order as being "perverse and bad in law". "Judicial review of administrative action is warranted to uphold the rule of law, lest it results in failure of justice. Courts cannot be expected to be silent spectators to such decisions, which are blatantly perverse and unsustainable in law," it said.
The 11 policemen were released from Thane prison after the order was passed in 2015. However, after Ramprasad Gupta, brother of the deceased, challenged this in the high court, by means of interim relief, the policemen were told to surrender. The high court bench made scathing remarks against the authorities. "It appears all agencies of the government submitted reports to facilitate the release of 11 policemen, by submitting biased reports. Also, the government order shows not only non-application of mind but also consideration of irrelevant factors and non-consideration of relevant factors," it said.
In August 2009, an FIR was registered at Versova police station against the 22 persons, including 14 policemen, for their alleged involvement in Gupta's fake encounter. The Sessions Court had convicted 21 accused, while inspector Pradeep Sharma, named as the main accused in the case, was acquitted. The 11 policemen then wrote to the government and sought suspension of their sentence as they wanted to give instruction to the advocates and ensure their appeals in the high court are heard expeditiously. The trial court judge gave a report to the government on a request made by jail authorities instead of being asked by the state government.
TIME OUT OF JAIL
11 policemen wrote to the government and sought suspension of their life sentence to give instruction to their advocates
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