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Delhi High Court Orders Immediate Release of Life Convict Moti Alias Mohit, Citing SRB's Non-Application of Mind

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Delhi High Court Orders Immediate Release of Life Convict Moti Alias Mohit, Citing SRB's Non-Application of Mind

Court Criticizes Sentence Review Board for Mechanical Rejections, Emphasizes Reformative Justice


In a landmark judgment, the Delhi High Court has ordered the immediate release of Moti Alias Mohit, a convict serving life imprisonment, while lambasting the Sentence Review Board (SRB) for repeatedly rejecting his plea for premature release without proper consideration. The order was passed by Justice Girish Kathpalia, who highlighted the need for a reformative approach in the justice system.


Moti, convicted for a double murder under FIR No. 428/2004 of Police Station Defence Colony, had served over 20 years in prison without remission and more than 25 years with remission. His plea for premature release was rejected five times by the SRB, with the latest rejection in October 2025. The court noted that the SRB's repeated rejections were nearly identical and demonstrated a lack of fresh application of mind.


Justice Kathpalia underscored the importance of evaluating a convict's reformative progress, jail conduct, and socio-economic conditions, rather than solely focusing on the gravity of the crime. He emphasized that the purpose of imprisonment should be reformative, not purely retributive, and that prolonged incarceration without a chance for reformation undermines the principles of justice.


The judgment criticized the SRB for its mechanical approach and lack of sensitivity, stating that the convict's potential for rehabilitation was overlooked. The court also pointed out that the SRB failed to consider the convict's satisfactory conduct during parole and furlough, and the socio-economic challenges faced by his family, including his daughter's medical condition.


Justice Kathpalia expressed concern over the SRB's composition and functioning, suggesting the inclusion of judicial officers, sociologists, and criminologists to ensure a more comprehensive and sensitive decision-making process.


The court's decision also highlighted the broader issue of reforming the SRB's approach to premature release cases. The judgment called for an immediate review of the SRB's working and emphasized the need for decisions to be based on logical and reasonable parameters.


This judgment is expected to have significant implications for the handling of premature release cases in Delhi and underscores the judiciary's role in safeguarding the rights of convicts seeking a second chance.


Bottom Line:

Premature release of a convict undergoing life imprisonment cannot be denied solely on the gravity of the offence or based on mechanical, non-reasoned orders by the Sentence Review Board (SRB) - Reformative aspects of the convict, including jail conduct, socio-economic conditions, and potential for rehabilitation, must be comprehensively assessed.


Statutory provision(s):

Constitution of India, Article 21; Indian Penal Code, Sections 302, 380, 34; Code of Criminal Procedure, Section 433A; Delhi Prison Rules, 2018


Moti Alias Mohit v. State of NCT of Delhi, (Delhi) : Law Finder Doc id # 2970040


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