UP asked to decide on gangster Babloo Srivastava’s remission plea in 6 weeks

The Supreme Court on Wednesday directed a murder convict, who is serving a life sentence, to apply for remission under the Bharatiya Nagarik Suraksha Sanhita (BNSS), highlighting that the act for which the current remission request has been made is more stringent.

The comments by the top court came on the plea of gangster Om Prakash Srivastava alias Babloo Srivastava, who is serving a life sentence for the murder of an additional customs collector in 1993.

The top court also directed the Uttar Pradesh government to consider his case for remission under section 473(1) of BNSS at the earliest as he has undergone a current sentence of 28 years. The order on remission will be passed in six from the court’s directions. The court has also requested the concerned trial court to give its opinion within 15 days from the date of receipt of the remission plea.

“The State has been directed to immediately forward the case of the petitioner seeking concurrence or otherwise of centre in 10 days. Centre to decide in 4 days then,” the court observed.

The court has clarified that his case has to be considered under section 437 of BNSS without considering observations in an earlier order denying him remission.

“Under these rules, the positive finding has to be arrived at by the state that he is likely to abstain from crime. Please understand, that these are more stringent provisions. Why don’t you go under section 473? Why are you insisting on this? Please see, considering the allegations against you, how can the government record that he will abstain from committing any crime?” The court observed during the hearing.

On September 30, 2008, Srivastava was sentenced to a life term by a special TADA court in Kanpur in connection with the 1993 murder of customs officer LD Arora in Allahabad. The investigation of this case was given to the CBI.

According to Srivastava has served 28 years in prison has good conduct in jail, and is entitled to premature release as per the policy of the UP government.