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Invokes Rig Ved for of Life Convict Moti @ Mohit
In a landmark decision blending ancient wisdom with modern penology, the has ordered the immediate release of Moti @ Mohit, a life convict who had served over 20 years of . Justice Girish Kathpalia, in his judgment dated , drew upon Hindu scriptures and philosophical reflections to underscore the primacy of .
A Prayer for Mercy: The Court’s Philosophical Foundation
The judgment opens with a verse from the Rig Ved, “that we be not destroyed by our past errors committed due to ignorance or thoughtlessness and we be cleansed and set free.” Justice Kathpalia further quoted Oscar Wilde: “No saint is without a past, no sinner is without a future.” The court observed that the track connecting this duality of darkness and light is the course of , emphasizing that every wrong deserves a consequence, but every consequence must have a limit.
Five Strikes, One Chance
Moti @ Mohit was convicted in for the murder of two persons and theft, under . His conviction and life sentence were upheld by the in . Over five years, his plea for was rejected five times by the on grounds of the and an alleged jail punishment for possessing two grams of tobacco in . Even after a coordinate bench remanded the matter in with clear guidelines, the SRB simply parroted its earlier reasons.
The DCP’s Contradictory Report
A glaring instance of emerged when the court summoned the Deputy Commissioner of Police to explain why his covering letter recommended against release while the attached police verification report, signed by the SHO and ACP, explicitly stated that the convict had no propensity to commit crime and that there was no factor opposing his release. The court noted that the DCP, instead of acknowledging a bona fide error, improvised his stand in a “vindictive manner.”
A Reformative Path
The petitioner, a first-time offender with no criminal antecedents, had completed his graduation in jail, worked as a VC sewadar, and had been released on and multiple times without any misuse. The probation officer’s report highlighted his determination to reintegrate into society and work in a restaurant to support his family, including a daughter suffering from a congenital disease. The court found that holding his solitary jail punishment against him would amount to .
The Final Verdict
Setting aside the SRB’s “mechanical, repeatedly copy-pasted” rejection, the court held that the impugned order was tainted by . Instead of remanding the matter—which would have subjected the petitioner to an endless cycle—the court directed his forthwith release. The judgment also flagged systemic issues, urging the government to revisit the composition of the SRB to include experts in criminology and sociology.
“Leaving the petitioner remain dumped till his last breath can be validation of the different other theories of punishment in the form of the or or , but would completely demolish the ,” Justice Kathpalia concluded.
