Twenty-one years in jail, and Abdul Qayum Mohammad Kasim, a convict serving ‘life’ imprisonment has nowhere to go. The Bombay high court on Tuesday heard the ordeal of Abdul, who is presently lodged in Nashik central prison.
Twenty-one years in jail, and Abdul Qayum Mohammad Kasim, a convict serving ‘life’ imprisonment has nowhere to go. The Bombay high court on Tuesday heard the ordeal of Abdul, who is presently lodged in Nashik central prison.
Abdul has written a two-page letter to the high court, seeking premature release from prison. The court hears many such petitions every day, but Abdul’s is a unique case as he does not know which state government he should appeal to — Uttar Pradesh, Uttaranchal or Maharashtra.
Abdul, a Mumbai resident, was arrested on February 12, 1989 in Dehradun for raping and murdering a woman. He was tried and convicted by the Dehradun sessions court, and was sentenced to life imprisonment in December 1990.
He was lodged in Bareily central prison till December 1997. At that time, Uttar Pradesh had not been split to give birth to Uttaranchal.
In 1997, Abdul was transferred to the Nashik prison under a provision of the CrPC which permits reciprocal transfer of convicts.
As Abdul was a native of Maharashtra, he was sent to the Nashik jail to serve the remaining sentence. Abdul wrote the letter in English in July, seeking premature release from jail.
“In the present case, as the offence was committed in UP, which has been now been split to give birth to Uttaranchal, the latter is empowered to commute the sentence of the petitioner,” the letter said.
“I have filed many applications through jail, but have not received any response from the government. I have no other option but to seek directives from this court to pass order for premature release as per the 1990 policy of the UP government,” stated the letter.
Additional public prosecutor FR Shaikh informed the court that at least 27 letters had been sent to authorities in Uttaranchal, but they had been no response.
A division bench of justice BH Marlapalle and justice Anoop Mohta directed principal secretary (home-Maharashtra) to file a reply to the petition in two weeks.
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
)
){kind=small}
){kind=small}
)
)
)
)
)
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}