1 ITEM NO.37 COURT NO.3 SECTION II S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS SPECIAL LEAVE PETITION (CRIMINAL) Diary No(s). 28783/2023 [Arising out of impugned final judgment and order dated 13-09-2018 in CRLA No. 370/1983 passed by the High Court of Judicature at Allahabad] SURENDRA @ SUNDA Petitioner(s) VERSUS THE STATE OF UTTAR PRADESH Respondent(s) [Mr. K. Parameshwar, Learned senior counsel, Amicus Curiae] (IA No. 289119/2024 - APPLICATION FOR PERMISSION IA No. 244419/2024 - APPLICATION FOR PERMISSION IA No. 288753/2024 - APPLICATION FOR PERMISSION IA No. 245536/2024 - APPLICATION FOR PERMISSION IA No. 129279/2024 - CONDONATION OF DELAY IN FILING IA No. 203861/2024 - EXEMPTION FROM FILING O.T. IA No. 279416/2024 - EXEMPTION FROM FILING O.T. IA No. 257427/2024 - EXEMPTION FROM FILING O.T. IA No. 245529/2024 - INTERVENTION APPLICATION IA No. 288756/2024 - PERMISSION TO FILE APPLICATION FOR DIRECTION IA No. 245537/2024 - PERMISSION TO FILE APPLICATION FOR DIRECTION IA No. 245530/2024 - PERMISSION TO FILE APPLICATION FOR DIRECTION IA No. 289120/2024 - PERMISSION TO FILE APPLICATION FOR DIRECTION) Date : 27-02-2026 This matter was called on for hearing today. CORAM : HON'BLE MR. JUSTICE J.K. MAHESHWARI HON'BLE MR. JUSTICE ATUL S. CHANDURKAR Mr. K. Parameshwar, Sr. Adv. (AC) Mr. Ravi Raghunath, AOR Mr. prasad Hegde, Adv. For Petitioner(s) :Mr. Sanjai Kumar Pathak, AOR Mrs. Shashi Pathak, Adv. Mr. Arvind Kumar Tripathi, Adv. Mr. Robin Kumar, Adv. Ms. Shweta Jayshankar Dwivedi, Adv. For Respondent(s) :Mr. Pradeep Misra, AOR Mr. Suraj Singh, Adv.
2 M/S. Dubey & Chandra Law Chambers, AOR Mr. T. R. B. Sivakumar, AOR Mr. Aarif Ali, Adv. Mr. Chand Qureshi, AOR Mr. Mujahid Ahmad, Adv. Mr. Pankaj Tiwari, Adv. Mr. Rishabh, Adv. Mr. Mohd. Faiz Ahmed, Adv. Mr. Bakir, Adv. UPON hearing the counsel the Court made the following O R D E R 1. Despite having a meeting, it is informed by learned Amicus Curiae that there is lack of coordination with National Informatics Centre and IT Wing of the High Court of Madhya Pradesh. 2. We request the Chief Justice of the High Court of Madhya Pradesh to issue instructions for coordination and the personnel of National Informatics Centre are directed to coordinate and produce the module within two weeks. 3. List on 23.03.2026. (GULSHAN KUMAR ARORA) (NAND KISHOR) DEPUTY REGISTRAR ASSISTANT REGISTRAR
1 ITEM NO.53 COURT NO.2 SECTION II S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS SPECIAL LEAVE PETITION (CRIMINAL) Diary No(s). 28783/2023 [Arising out of impugned final judgment and order dated 13-09-2018 in CRLA No. 370/1983 passed by the High Court of Judicature at Allahabad] SURENDRA @ SUNDA Petitioner(s) VERSUS THE STATE OF UTTAR PRADESH Respondent(s) [Mr. K. Parameshwar, Learned senior counsel, Amicus Curiae] (IA No. 289119/2024 - APPLICATION FOR PERMISSION IA No. 244419/2024 - APPLICATION FOR PERMISSION IA No. 288753/2024 - APPLICATION FOR PERMISSION IA No. 245536/2024 - APPLICATION FOR PERMISSION IA No. 129279/2024 - CONDONATION OF DELAY IN FILING IA No. 203861/2024 - EXEMPTION FROM FILING O.T. IA No. 279416/2024 - EXEMPTION FROM FILING O.T. IA No. 257427/2024 - EXEMPTION FROM FILING O.T. IA No. 245529/2024 - INTERVENTION APPLICATION IA No. 288756/2024 - PERMISSION TO FILE APPLICATION FOR DIRECTION IA No. 245537/2024 - PERMISSION TO FILE APPLICATION FOR DIRECTION IA No. 245530/2024 - PERMISSION TO FILE APPLICATION FOR DIRECTION IA No. 289120/2024 - PERMISSION TO FILE APPLICATION FOR DIRECTION) Date : 09-02-2026 This matter was called on for hearing today. CORAM : HON'BLE MR. JUSTICE J.K. MAHESHWARI HON'BLE MR. JUSTICE ATUL S. CHANDURKAR Mr. K. Parameshwar, Sr. Adv. (AC) Mr. Ravi Raghunath, Adv. Mr. Prasad Hegde, Adv. Mr. Veda, Adv. Mr. Sai Kaushal, Adv. Mr. Adit Garg, Adv. For Petitioner(s) : Mr. Sanjai Kumar Pathak, AOR Mrs. Shashi Pathak, Adv. Mr. Arvind Kumar Tripathi, Adv.
2 Mr. Robin Kumar, Adv. Ms. Shweta Jayshankar Dwivedi, Adv. Ms. Smriti Singh, Adv. For Respondent(s) :Mr. Pradeep Misra, AOR Mr. Daleep Dhyani, Adv. Mr. Suraj Singh, Adv. M/S. Dubey & Chandra Law Chambers, AOR Mr. T. R. B. Sivakumar, AOR Mr. Aarif Ali, Adv. Mr. Pankaj Tiwari, Adv. Mr. Mujahid Ahmad, Adv. Mr. Dhirendra Kumar Verma, Adv. Mr. Mohd. Tauheed, Adv. Mr. Mohd. Faiz Ahmed, Adv. Mr. Chand Qureshi, AOR UPON hearing the counsel the Court made the following O R D E R List on 27.02.2026. (GULSHAN KUMAR ARORA) (NAND KISHOR) DEPUTY REGISTRAR ASSISTANT REGISTRAR
ITEM NO.36 COURT NO.3 SECTION II S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS SPECIAL LEAVE PETITION (CRIMINAL) Diary No. 28783/2023 [Arising out of impugned final judgment and order dated 13-09-2018 in CRLA No. 370/1983 passed by the High Court of Judicature at Allahabad] SURENDRA @ SUNDA Petitioner(s) VERSUS THE STATE OF UTTAR PRADESH Respondent(s) [Mr. K. Parameshwar, Learned senior counsel, Amicus Curiae] (IA No. 244419/2024 - APPLICATION FOR PERMISSION and IA No. 288753/2024 - APPLICATION FOR PERMISSION and IA No. 245536/2024 - APPLICATION FOR PERMISSION and IA No. 289119/2024 - APPLICATION FOR PERMISSION and IA No. 129279/2024 - CONDONATION OF DELAY IN FILING and IA No. 203861/2024 - EXEMPTION FROM FILING O.T. and IA No. 279416/2024 - EXEMPTION FROM FILING O.T. and IA No. 257427/2024 - EXEMPTION FROM FILING O.T. and IA No. 245529/2024 - INTERVENTION APPLICATION and IA No. 288756/2024 - PERMISSION TO FILE APPLICATION FOR DIRECTION and IA No. 245537/2024 - PERMISSION TO FILE APPLICATION FOR DIRECTION and IA No. 245530/2024 - PERMISSION TO FILE APPLICATION FOR DIRECTION and IA No. 289120/2024 - PERMISSION TO FILE APPLICATION FOR DIRECTION) Date : 17-12-2025 This matter was called on for hearing today. CORAM : HON'BLE MR. JUSTICE J.K. MAHESHWARI HON'BLE MR. JUSTICE VIJAY BISHNOI For Petitioner(s) : Mr. Sanjai Kumar Pathak, AOR Mrs. Shashi Pathak, Adv. Ms. Shweta Jayshankar Dwivedi, Adv. Ms. Smriti Singh, Adv. For Respondent(s) : Mr. Pradeep Misra, AOR Mr. Suraj Singh, Adv. M/S. Dubey & Chandra Law Chambers, AOR Mr. T. R. B. Sivakumar, AOR Mr. Pankaj Tiwari, Adv. 1
SLP (Crl.)Diary No. 28783/2023 Mr. Aarif Ali, Adv. Mr. Rakesh Ranjan, Adv. Mr. Md Sarwar Alam, Adv. Mohd. Tauheed, Adv. Mr. Chand Qureshi, AOR Mr. Kamil, Adv. Mohd. Faiz Ahmed, Adv. UPON hearing the counsel the Court made the following O R D E R 1) Timeline prepared by the learned Amicus Curiae has been supplied to the learned counsel for the State which shall be duly communicated to the authorities who are working on the preparation of a software and an official meeting is scheduled to be held on 08.01.2026. 2) The State authorities, NIC and the Home Department have assured to prepare the software on or before the next date of hearing. 3) List on 27 th January, 2026. (NIDHI AHUJA) (NAND KISHOR) AR-cum-PS ASSISTANT REGISTRAR 2
1 ITEM NO.40 COURT NO.3 SECTION II S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS SPECIAL LEAVE PETITION (CRIMINAL) Diary No(s). 28783/2023 [Arising out of impugned final judgment and order dated 13-09-2018 in CRLA No. 370/1983 passed by the High Court of Judicature at Allahabad] SURENDRA @ SUNDA Petitioner(s) VERSUS THE STATE OF UTTAR PRADESH Respondent(s) (IA No. 245536/2024 - APPLICATION FOR PERMISSION IA No. 289119/2024 - APPLICATION FOR PERMISSION IA No. 244419/2024 - APPLICATION FOR PERMISSION IA No. 288753/2024 - APPLICATION FOR PERMISSION IA No. 129279/2024 - CONDONATION OF DELAY IN FILING IA No. 279416/2024 - EXEMPTION FROM FILING O.T. IA No. 257427/2024 - EXEMPTION FROM FILING O.T. IA No. 203861/2024 - EXEMPTION FROM FILING O.T. IA No. 245529/2024 - INTERVENTION APPLICATION IA No. 245537/2024 - PERMISSION TO FILE APPLICATION FOR DIRECTION IA No. 245530/2024 - PERMISSION TO FILE APPLICATION FOR DIRECTION IA No. 289120/2024 - PERMISSION TO FILE APPLICATION FOR DIRECTION IA No. 288756/2024 - PERMISSION TO FILE APPLICATION FOR DIRECTION) Date : 08-12-2025 This matter was called on for hearing today. CORAM : HON'BLE MR. JUSTICE J.K. MAHESHWARI HON'BLE MR. JUSTICE VIJAY BISHNOI Mr. K. Parameshwar, Sr. Adv. Mr. Ravi Raghunath, AOR Mr. Prasad Hegde, Adv. For Petitioner(s) :Mr. Sanjai Kumar Pathak, AOR Mrs. Shashi Pathak, Adv. Mr. Arvind Kumar Tripathi, Adv. For Respondent(s) :Mr. Pradeep Misra, AOR Mr. Daleep Dhyani, Adv. Mr. Suraj Singh, Adv. Mr. Aarif Ali, Adv. Mr. Chand Qureshi, AOR Mr. Mujahid Ahmed, Adv. Mr. Mohd. Shahzad Ansari, Adv. Mr. Md. Imran Siddiqui, Adv. Mr. Mohd. Tauheed, Adv. Mr. Shah Alam, Adv.
2 Pradeep Mohod, Adv. M/S. Dubey & Chandra Law Chambers, AOR Mr. T.R.B. Sivakumar, AOR UPON hearing the counsel the Court made the following O R D E R 1. Let the meeting be organized post lunch on 15.12.2025. 2. Learned Amicus Curiae shall communicate to all concerned. 3. List on 17.12.2025. (GULSHAN KUMAR ARORA) (MANOJ KUMAR) AR-CUM-PS COURT MASTER
1 ITEM NO.35 COURT NO.4 SECTION II S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS SPECIAL LEAVE PETITION (CRIMINAL) Diary No(s). 28783/2023 [Arising out of impugned final judgment and order dated 13-09-2018 in CRLA No. 370/1983 passed by the High Court of Judicature at Allahabad] SURENDRA @ SUNDA Petitioner(s) VERSUS THE STATE OF UTTAR PRADESH Respondent(s) [Mr. K. Parameshwar, Learned senior counsel, Amicus Curiae] (IA No. 244419/2024 - APPLICATION FOR PERMISSION IA No. 288753/2024 - APPLICATION FOR PERMISSION IA No. 245536/2024 - APPLICATION FOR PERMISSION IA No. 289119/2024 - APPLICATION FOR PERMISSION IA No. 129279/2024 - CONDONATION OF DELAY IN FILING IA No. 203861/2024 - EXEMPTION FROM FILING O.T. IA No. 279416/2024 - EXEMPTION FROM FILING O.T. IA No. 257427/2024 - EXEMPTION FROM FILING O.T. IA No. 245529/2024 - INTERVENTION APPLICATION IA No. 288756/2024 - PERMISSION TO FILE APPLICATION FOR DIRECTION IA No. 245537/2024 - PERMISSION TO FILE APPLICATION FOR DIRECTION IA No. 245530/2024 - PERMISSION TO FILE APPLICATION FOR DIRECTION IA No. 289120/2024 - PERMISSION TO FILE APPLICATION FOR DIRECTION) Date : 14-11-2025 This matter was called on for hearing today. CORAM : HON'BLE MR. JUSTICE J.K. MAHESHWARI HON'BLE MR. JUSTICE K. VINOD CHANDRAN Mr. K. Parameshwar, Sr. Adv. (AC) Mr. Ravi Raghunath, AOR For Petitioner(s) :Mr. Sanjai Kumar Pathak, AOR Mrs. Shashi Pathak, Adv. Mr. Arvind Kumar Tripathi, Adv. For Respondent(s) :Mr. Pradeep Misra, AOR Mr. Daleep Dhyani, Adv. Mr. Suraj Singh, Adv. M/S. Dubey & Chandra Law Chambers, AOR Mr. T. R. B. Sivakumar, AOR
2 Mr. Aarif Ali, Adv. Mr. Pankaj Tiwari, Adv. Mr. Chand Qureshi, AOR Mr. Mujahid Ahmad, Adv. UPON hearing the counsel the Court made the following O R D E R 1. List on 08.12.2025. (GULSHAN KUMAR ARORA) (NAND KISHOR) AR-CUM-PS ASSISTANT REGISTRAR
1 ITEM NO.33 COURT NO.4 SECTION II S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS SPECIAL LEAVE PETITION (CRIMINAL) Diary No(s). 28783/2023 [Arising out of impugned final judgment and order dated 13-09-2018 in CRLA No. 370/1983 passed by the High Court of Judicature at Allahabad] SURENDRA @ SUNDA Petitioner(s) VERSUS THE STATE OF UTTAR PRADESH Respondent(s) [Mr. K. Parameshwar, Learned senior counsel, Amicus Curiae] (IA No. 288753/2024 - APPLICATION FOR PERMISSION IA No. 245536/2024 - APPLICATION FOR PERMISSION IA No. 289119/2024 - APPLICATION FOR PERMISSION IA No. 244419/2024 - APPLICATION FOR PERMISSION IA No. 129279/2024 - CONDONATION OF DELAY IN FILING IA No. 203861/2024 - EXEMPTION FROM FILING O.T. IA No. 279416/2024 - EXEMPTION FROM FILING O.T. IA No. 257427/2024 - EXEMPTION FROM FILING O.T. IA No. 245529/2024 - INTERVENTION APPLICATION IA No. 245537/2024 - PERMISSION TO FILE APPLICATION FOR DIRECTION IA No. 245530/2024 - PERMISSION TO FILE APPLICATION FOR DIRECTION IA No. 289120/2024 - PERMISSION TO FILE APPLICATION FOR DIRECTION IA No. 288756/2024 - PERMISSION TO FILE APPLICATION FOR DIRECTION) Date : 17-10-2025 This matter was called on for hearing today. CORAM : HON'BLE MR. JUSTICE J.K. MAHESHWARI HON'BLE MR. JUSTICE VIJAY BISHNOI For Petitioner(s) :Mr. Sanjai Kumar Pathak, AOR Mrs. Shashi Pathak, Adv. Mr. Arvind Kumar Tripathi, Adv. Ms. Smriti Singh, Adv. For Respondent(s) :Mr. Pradeep Misra, AOR Mr. Daleep Dhyani, Adv. Mr. Suraj Singh, Adv. M/S. Dubey & Chandra Law Chambers, AOR Mr. T.R.B. Sivakumar, AOR
2 Mr. Aarif Ali, Adv. Mr. Mujahid Ahmad, Adv. Mr. Chand Qureshi, AOR UPON hearing the counsel the Court made the following O R D E R List on 14.11.2025. (GULSHAN KUMAR ARORA) (NAND KISHOR) AR-CUM-PS ASSISTANT REGISTRAR
1 ITEM NO.33 COURT NO.4 SECTION II S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS SPECIAL LEAVE PETITION (CRIMINAL) Diary No(s). 28783/2023 [Arising out of impugned final judgment and order dated 13-09-2018 in CRLA No. 370/1983 passed by the High Court of Judicature at Allahabad] SURENDRA @ SUNDA Petitioner(s) VERSUS THE STATE OF UTTAR PRADESH Respondent(s) [Mr. K. Parameshwar, Learned senior counsel, Amicus Curiae] IA No. 289119/2024 - APPLICATION FOR PERMISSION IA No. 244419/2024 - APPLICATION FOR PERMISSION IA No. 288753/2024 - APPLICATION FOR PERMISSION IA No. 245536/2024 - APPLICATION FOR PERMISSION IA No. 129279/2024 - CONDONATION OF DELAY IN FILING IA No. 203861/2024 - EXEMPTION FROM FILING O.T. IA No. 279416/2024 - EXEMPTION FROM FILING O.T. IA No. 257427/2024 - EXEMPTION FROM FILING O.T. IA No. 245529/2024 - INTERVENTION APPLICATION IA No. 245530/2024 - PERMISSION TO FILE APPLICATION FOR DIRECTION IA No. 289120/2024 - PERMISSION TO FILE APPLICATION FOR DIRECTION IA No. 288756/2024 - PERMISSION TO FILE APPLICATION FOR DIRECTION IA No. 245537/2024 - PERMISSION TO FILE APPLICATION FOR DIRECTION Date : 26-09-2025 This matter was called on for hearing today. CORAM : HON'BLE MR. JUSTICE J.K. MAHESHWARI HON'BLE MR. JUSTICE VIJAY BISHNOI For Petitioner(s) Mr. K.Parameswar, Sr.Adv./AC Mr. Ravi Raghunath, AOR Mr. Namanjeet S.B., Adv. Mr. Sanjai Kumar Pathak, AOR For Respondent(s) Mr. Pradeep Misra, AOR Mr. Suraj Singh, Adv. M/S. Dubey & Chandra Law Chambers, AOR Mr. T. R. B. Sivakumar, AOR
2 Mr. Aarif Ali, Adv. Mr. Mujahid Ahmad, Adv. Mr. Chand Qureshi, AOR Mr. Pankaj Tiwari, Adv. Mr. Raj Kumar Yadav, Adv. Mr. Mohd Tauheed, Adv. Ms. Shikha Bhargava, Adv. Mr. Shah Alam, Adv. Mr. Rakesh Kumar, Adv. UPON hearing the counsel the Court made the following O R D E R List on 17.10.2025. (NIRMALA NEGI) (NAND KISHOR) ASTT. REGISTRAR-cum-PS ASSISTANT REGISTRAR
1 ITEM NO.28 COURT NO.4 SECTION II S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS SPECIAL LEAVE PETITION (CRIMINAL) Diary No(s). 28783/2023 [Arising out of impugned final judgment and order dated 13-09-2018 in CRLA No. 370/1983 passed by the High Court of Judicature at Allahabad] SURENDRA @ SUNDA Petitioner(s) VERSUS THE STATE OF UTTAR PRADESH Respondent(s) [Mr. K. Parameshwar, Learned senior counsel, Amicus Curiae] (IA No. 244419/2024 - APPLICATION FOR PERMISSION IA No. 288753/2024 - APPLICATION FOR PERMISSION IA No. 245536/2024 - APPLICATION FOR PERMISSION IA No. 289119/2024 - APPLICATION FOR PERMISSION IA No. 129279/2024 - CONDONATION OF DELAY IN FILING IA No. 203861/2024 - EXEMPTION FROM FILING O.T. IA No. 279416/2024 - EXEMPTION FROM FILING O.T. IA No. 257427/2024 - EXEMPTION FROM FILING O.T. IA No. 245529/2024 - INTERVENTION APPLICATION IA No. 288756/2024 - PERMISSION TO FILE APPLICATION FOR DIRECTION IA No. 245537/2024 - PERMISSION TO FILE APPLICATION FOR DIRECTION IA No. 245530/2024 - PERMISSION TO FILE APPLICATION FOR DIRECTION IA No. 289120/2024 - PERMISSION TO FILE APPLICATION FOR DIRECTION) WITH W.P.(Crl.) No. 135/2025 (X) (FOR ADMISSION IA No. 177540/2025 - EXEMPTION FROM FILING O.T. IA No. 78612/2025 - EXEMPTION FROM FILING O.T.) Date : 01-09-2025 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE J.K. MAHESHWARI HON'BLE MR. JUSTICE ARAVIND KUMAR Mr. K. Parameshwar, Sr. Adv. (AC) Mr. Ravi Raghunath, AOR Mr. Namanjeet Singh Bhatia, Adv. For Petitioner(s) : Mr. Sanjai Kumar Pathak, AOR Mr. Arvind Kumar Tripathi, Adv. Ms. Shweta Jayshankar Dwivedi, Adv. Mr. Brijendra Singh, Adv.
2 Mr. Shishir Kumar Saxena, Adv. Mr. Praveen Swarup, AOR For Respondent(s) : Mr. Harsh Pratap Shahi, Adv. Mr. Pradeep Misra, AOR Mr. Suraj Singh, Adv. Mr. Dev Pratap Shahi, Adv. Ms. Ayushi Srivastava, Adv. Ms. Riya Shukla, Adv. Mr. Daleep Dhyani, Adv. Mr. Suraj Singh, Adv. Mr. Harsh Pratap Sahi, Adv. Mr. T. R. B. Sivakumar, AOR Mr. Chand Qureshi, AOR M/S. Dubey & Chandra Law Chambers, AOR UPON hearing the counsel the Court made the following O R D E R WRIT PETITION (CRL.) NO. 135/2025 1. Mr. Brijendra Singh, learned counsel appearing on behalf of the petitioner submits that the petitioner has been released and hence the writ petition has been rendered infructuous. 2. Accordingly, the Writ Petition is dismissed as having become infructuous. DIARY NO. 28783/2023 3. List on 26.09.2025. (GULSHAN KUMAR ARORA) (NAND KISHOR) AR-CUM-PS ASSISTANT REGISTRAR
1 ITEM NO.3 COURT NO.2 SECTION II S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS SPECIAL LEAVE PETITION (CRIMINAL) Diary No(s). 28783/2023 [Arising out of impugned final judgment and order dated 13-09-2018 in CRLA No. 370/1983 passed by the High Court of Judicature at Allahabad] SURENDRA @ SUNDA Petitioner(s) VERSUS THE STATE OF UTTAR PRADESH Respondent(s) [Mr. K. Parameshwar, Learned senior counsel, Amicus Curiae] IA No. 289119/2024 - APPLICATION FOR PERMISSION IA No. 244419/2024 - APPLICATION FOR PERMISSION IA No. 288753/2024 - APPLICATION FOR PERMISSION IA No. 245536/2024 - APPLICATION FOR PERMISSION IA No. 129279/2024 - CONDONATION OF DELAY IN FILING IA No. 203861/2024 - EXEMPTION FROM FILING O.T. IA No. 279416/2024 - EXEMPTION FROM FILING O.T. IA No. 257427/2024 - EXEMPTION FROM FILING O.T. IA No. 245529/2024 - INTERVENTION APPLICATION IA No. 288756/2024 - PERMISSION TO FILE APPLICATION FOR DIRECTION IA No. 245537/2024 - PERMISSION TO FILE APPLICATION FOR DIRECTION IA No. 245530/2024 - PERMISSION TO FILE APPLICATION FOR DIRECTION IA No. 289120/2024 - PERMISSION TO FILE APPLICATION FOR DIRECTION) WITH W.P.(Crl.) No. 135/2025 (X) (FOR ADMISSION IA No. 177540/2025 - EXEMPTION FROM FILING O.T. IA No. 78612/2025 - EXEMPTION FROM FILING O.T.) Date : 19-08-2025 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE J.K. MAHESHWARI HON'BLE MR. JUSTICE VIJAY BISHNOI Mr. K. Parameshwar, AC Ms. Rani Raghunath, Adv. Mr. Prasad Hegde, Adv. For Petitioner(s) : Mr. Sanjai Kumar Pathak, AOR Mr. Arvind Kumar Tripathi, Adv.
2 Mr. Brijendra Singh, Adv. Mr. Shishir Kumar Saxena, Adv. Mr. Reyajuddin Ahmad Siddique, Adv. Mr. Jagdamba Prasad, Adv. Mr. Hari Sahteshwar, Adv. Mr. Praveen Swarup, AOR For Respondent(s) : Ms. Garima Prasad, Sr. A.A.G. Mr. Pradeep Misra, AOR Mr. Daleep Dhyani, Adv. Mr. Harsh Pratap Sahi, Adv. Mr. Suraj Singh, Adv. M/S. Dubey & Chandra Law Chambers, AOR Mr. T. R. B. Sivakumar, AOR Mr. Aarif Ali, Adv. Mr. Mujahid Ahmad, Adv. Mr. Pankaj Tiwari, Adv. Mr. Raj Kumar Yadav, Adv. Mr. Mohd Tauheed, Adv. Mr. Md.imran Siddiqui, Adv. Mr. Chand Qureshi, AOR UPON hearing the counsel the Court made the following O R D E R 1. Mr. K. Parameshwar, learned amicus curiae has submitted that the software has been developed and it is required to be visualized by the Bench. The officer from the National Informatics Centre may seek date and time to present the software developed by them in Chamber or at a place arranged by them. Learned counsel for the parties may also be intimated and are permitted to remain present while looking, about functions of the software. 2. List on 01.09.2025. (GULSHAN KUMAR ARORA) (NAND KISHOR) AR-CUM-PS ASSISTANT REGISTRAR
ITEM NO.14 COURT NO.8 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Writ Petition (Criminal) No.135/2025 UMESH MAHTO Petitioner(s) VERSUS STATE OF U.P. & ORS. Respondent(s) FOR ADMISSION IA No. 78612/2025 - EXEMPTION FROM FILING O.T. Date : 22-07-2025 This matter was called on for hearing today. CORAM : HON'BLE MR. JUSTICE SUDHANSHU DHULIA HON'BLE MR. JUSTICE ARAVIND KUMAR For Petitioner(s) :Mr. Brijendra Singh, Adv. Mr. Shishir Kumar Saxena, Adv. Mr. Reyajuddin Ahmad Siddique, Adv. Mr. Jagdamba Prasad, Adv. Mr. Hari Sahteshwar, Adv. Mr. Praveen Swarup, AOR For Respondent(s) : UPON hearing the counsel the Court made the following O R D E R 1. Since similar matters are being considered by another Bench relating to pre-mature release of convicts, we deem it appropriate that this matter be also listed before the same Bench. Registry to place the file before the Hon’ble Chief Justice for appropriate orders. 2. Tag along with SLP(Crl) @ Diary No.28783 of 2023. (VIJAY KUMAR) (RENU BALA GAMBHIR) ASTT. REGISTRAR-cum-PS ASSISTANT REGISTRAR
1 ITEM NO.41 COURT NO.6 SECTION II S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS SPECIAL LEAVE PETITION (CRIMINAL) Diary No(s). 28783/2023 [Arising out of impugned final judgment and order dated 13-09-2018 in CRLA No. 370/1983 passed by the High Court of Judicature at Allahabad] SURENDRA @ SUNDA Petitioner(s) VERSUS THE STATE OF UTTAR PRADESH Respondent(s) [Mr. K. Parameshwar, Learned senior counsel, Amicus Curiae] (IA No. 244419/2024 - APPLICATION FOR PERMISSION IA No. 288753/2024 - APPLICATION FOR PERMISSION IA No. 245536/2024 - APPLICATION FOR PERMISSION IA No. 289119/2024 - APPLICATION FOR PERMISSION IA No. 59584/2025 - APPROPRIATE ORDERS/DIRECTIONS IA No. 59383/2025 - APPROPRIATE ORDERS/DIRECTIONS IA No. 129279/2024 - CONDONATION OF DELAY IN FILING IA No. 203861/2024 - EXEMPTION FROM FILING O.T. IA No. 279416/2024 - EXEMPTION FROM FILING O.T. IA No. 257427/2024 - EXEMPTION FROM FILING O.T. IA No. 59400/2025 - INTERVENTION APPLICATION IA No. 59376/2025 - INTERVENTION APPLICATION IA No. 245529/2024 - INTERVENTION APPLICATION IA No. 244420/2024 - PERMISSION TO FILE APPLICATION FOR DIRECTION IA No. 288756/2024 - PERMISSION TO FILE APPLICATION FOR DIRECTION IA No. 245537/2024 - PERMISSION TO FILE APPLICATION FOR DIRECTION IA No. 245530/2024 - PERMISSION TO FILE APPLICATION FOR DIRECTION IA No. 289120/2024 - PERMISSION TO FILE APPLICATION FOR DIRECTION) Date : 13-05-2025 This matter was called on for hearing today. CORAM : HON'BLE MR. JUSTICE J.K. MAHESHWARI HON'BLE MR. JUSTICE ARAVIND KUMAR Mr. K. Parmeshwar, Sr. Adv. (AC) Mr. Ravi Raghunath, AOR Mr. Aditya Sharan, Adv. For Petitioner(s) :Mr. Sanjai Kumar Pathak, AOR Mrs. Shashi Pathak, Adv. Mr. Arvind Kumar Tripathi, Adv. For Respondent(s) :Ms. Garima Prasad, Sr. A.A.G. Mr. Pradeep Misra, AOR Mr. Daleep Dhyani, Adv. Mr. Suraj Singh, Adv.
2 Mr. T. R. B. Sivakumar, AOR M/S. Dubey & Chandra Law Chambers, AOR Mr. Aarif Ali, Adv. Mr. Pankaj Tiwari, Adv. Mr. Mujahid Ahmad, Adv. Mr. Mohd Shahzad Ansari, Adv. Mr. Chand Qureshi, AOR UPON hearing the counsel the Court made the following O R D E R 1. Apropos the previous order, Mr. K. Parmeshwar, learned Amiscus Curiae has submitted a note referring the Office Memorandum dated 07.05.2025 issued by the Headquarters, Prison Administration and Reform Services, Uttar Pradesh. It is said that the State, in consultation with Mr. Sandeep Jha, In-charge, National Informatics Centrel (NIC) is ready and willing to develop the software through NIC for the purposes of premature release. 2. Let the needful be done within a period of three months. 3. List on 19.08.2025. 4. The said software and its module be brought to the notice of this Court on the next date of listing. (GULSHAN KUMAR ARORA) (SAPNA BANSAL) AR-CUM-PS COURT MASTER
ITEM NO.36 COURT NO.6 SECTION II S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS SPECIAL LEAVE PETITION (CRIMINAL) Diary No. 28783/2023 [Arising out of impugned final judgment and order dated 13-09-2018 in CRLA No. 370/1983 passed by the High Court of Judicature at Allahabad] SURENDRA @ SUNDA Petitioner(s) VERSUS THE STATE OF UTTAR PRADESH Respondent(s) (Mr. K. Parameshwar, Learned senior counsel has been appointed as Amicus Curiae in the instant matter.) (IA No. 245536/2024 - APPLICATION FOR PERMISSION and IA No. 289119/2024 - APPLICATION FOR PERMISSION and IA No. 244419/2024 - APPLICATION FOR PERMISSION and IA No. 288753/2024 - APPLICATION FOR PERMISSION and IA No. 59383/2025 - APPROPRIATE ORDERS/DIRECTIONS and IA No. 59584/2025 - APPROPRIATE ORDERS/DIRECTIONS and IA No. 129279/2024 - CONDONATION OF DELAY IN FILING and IA No. 203861/2024 - EXEMPTION FROM FILING O.T. and IA No. 279416/2024 - EXEMPTION FROM FILING O.T. and IA No. 257427/2024 - EXEMPTION FROM FILING O.T. and IA No. 59376/2025 - INTERVENTION APPLICATION and IA No. 245529/2024 - INTERVENTION APPLICATION and IA No. 59400/2025 - INTERVENTION APPLICATION and IA No. 245537/2024 - PERMISSION TO FILE APPLICATION FOR DIRECTION and IA No. 245530/2024 - PERMISSION TO FILE APPLICATION FOR DIRECTION and IA No. 289120/2024 - PERMISSION TO FILE APPLICATION FOR DIRECTION and IA No. 244420/2024 - PERMISSION TO FILE APPLICATION FOR DIRECTION and IA No. 288756/2024 - PERMISSION TO FILE APPLICATION FOR DIRECTION) Date : 05-05-2025 This matter was called on for hearing today. CORAM : HON'BLE MR. JUSTICE J.K. MAHESHWARI HON'BLE MR. JUSTICE ARAVIND KUMAR Mr. K. Parameshwar, Sr. Adv. ( Amicus Curiae) Mr. Ravi Raghunath, Adv. Mr. Shreenivas Patil, Adv. Mr. P. N. Pandey, DIG, Prisons, State of U.P. Mr. Sandeep Jha, Chief Programmer, NIC. For Petitioner(s) : 1
SLP (Crl.) D.No. 28783/2023 Mr. Sanjai Kumar Pathak, AOR Mrs. Shashi Pathak, Adv. Mr. Arvind Kumar Tripathi, Adv. For Respondent(s) : Ms. Garima Prasad, Sr. A.A.G. Mr. Pradeep Misra, AOR Mr. Daleep Dhyani, Adv. Mr. Suraj Singh, Adv. Mr. Rahul Kaushik, Sr. Adv. Mr. Meenesh Dubey, Adv. M/S. Dubey & Chandra Law Chambers, AOR Mr. T. R. B. Sivakumar, AOR Mr. Aarif Ali, Adv. Mr. Pankaj Tiwari, Adv. Mr. Mujahid Ahmad, Adv. Mr. Deepak Kumar, Adv. Mr. Vijay Kumar, Adv. Mr. Chand Qureshi, AOR UPON hearing the counsel the Court made the following O R D E R I.A. Nos.59400/2025 and I.A. No. 59584/ 2025 I.A. No. 59376/ 2025 and I.A. No. 59383/ 2025 1) I.A. Nos.59400 of 2025 for impleadment and I.A. No. 59584 of 2025 for directions are filed by applicant-Mr.Manoj Awasthi and I.A. No. 59376 of 2025 for intervention and I.A. No. 59383 of 2025 for directions are filed by applicant- Mr.Vinay Tiwari. 2) Mr. Rahul Kaushik, learned senior counsel appearing for the applicants, submits that their cases of premature release have been rejected by the orders passed by the State; however, granting three weeks’ time to surrender, liberty to challenge the said order may be allowed. 2
SLP (Crl.) D.No. 28783/2023 3) Prayer seems to be reasonable. Therefore, I.A. Nos.59400/2025, I.A. No. 59584/ 2025, I.A. No. 59376/ 2025 and I.A. No. 59383/ 2025 stand disposed of. The applicants are granted three weeks’ time to surrender and they are at liberty to challenge the said order of rejection of their premature release. 4) Mr. K. Parameshwar, learned Amicus Curiae appears along with Mr. P.N. Pandey, DIG, Prisons, State of Uttar Pradesh. Mr. Sandeep Jha, Chief Programmer NIC, has also joined virtually. 5) Upon discussion, it is decided that the State of Uttar Pradesh shall provide a list of dedicated officers who may be in contact with the NIC personnels. Mr. Sandeep Jha shall also appoint a Nodal Officer to have discussion with the dedicated team of the Police Department, thereby software may be developed and its demo may be presented before this Court. Let the list of officers be produced on next date. 6) List on 13 th May, 2025. (NIDHI AHUJA) (NAND KISHOR) AR-cum-PS ASSISTANT REGISTRAR 3
1 ITEM NO.42 COURT NO.6 SECTION II S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS SPECIAL LEAVE PETITION (CRIMINAL) Diary No(s). 28783/2023 [Arising out of impugned final judgment and order dated 13-09-2018 in CRLA No. 370/1983 passed by the High Court of Judicature at Allahabad] SURENDRA @ SUNDA Petitioner(s) VERSUS THE STATE OF UTTAR PRADESH Respondent(s) Mr. K. Parameshwar, Learned senior counsel has been appointed as Amicus Curiae in the instant matter. IA No. 244419/2024 - APPLICATION FOR PERMISSION IA No. 288753/2024 - APPLICATION FOR PERMISSION IA No. 245536/2024 - APPLICATION FOR PERMISSION IA No. 289119/2024 - APPLICATION FOR PERMISSION IA No. 59584/2025 - APPROPRIATE ORDERS/DIRECTIONS IA No. 59383/2025 - APPROPRIATE ORDERS/DIRECTIONS IA No. 129279/2024 - CONDONATION OF DELAY IN FILING IA No. 203861/2024 - EXEMPTION FROM FILING O.T. IA No. 279416/2024 - EXEMPTION FROM FILING O.T. IA No. 257427/2024 - EXEMPTION FROM FILING O.T. IA No. 59400/2025 - INTERVENTION APPLICATION IA No. 59376/2025 - INTERVENTION APPLICATION IA No.245529/2024 - INTERVENTION APPLICATION IA No. 244420/2024 - PERMISSION TO FILE APPLICATION FOR DIRECTION IA No. 288756/2024 - PERMISSION TO FILE APPLICATION FOR DIRECTION IA No. 245537/2024 - PERMISSION TO FILE APPLICATION FOR DIRECTION IA No. 245530/2024 - PERMISSION TO FILE APPLICATION FOR DIRECTION IA No. 289120/2024 - PERMISSION TO FILE APPLICATION FOR DIRECTION) WITH W.P.(Crl.) No. 433/2024 (X) (FOR EX-PARTE STAY ON IA 243278/2024 FOR INTERIM BAIL ON IA 243282/2024 FOR EXEMPTION FROM FILING O.T. ON IA 243285/2024 FOR EXEMPTION FROM FILING O.T. ON IA 87610/2025 IA No. 243278/2024 - EX-PARTE STAY IA No. 87610/2025 - EXEMPTION FROM FILING O.T. IA No. 243285/2024 - EXEMPTION FROM FILING O.T. IA No. 243282/2024 - INTERIM BAIL) Date : 28-04-2025 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE J.K. MAHESHWARI HON'BLE MR. JUSTICE ARAVIND KUMAR Mr. K. Parameshwar, Sr. Adv. (AC) Mr. Ravi Raghunath, Adv. Mr. Srinivas Patil, Adv.
2 Ms. Chitransha Singh S., Adv. For Petitioner(s) :Mr. Ajit Singh Pundir, AOR Mr. Arijeet Singh, Adv. Mr. Sanjai Kumar Pathak, AOR Mrs. Shashi Pathak, Adv. For Respondent(s) :Ms. Garima Prasad, Sr. A.A.G. Mr. Pradeep Misra, AOR Mr. Daleep Dhyani, Adv. Mr. Suraj Singh, Adv. Mr. Dhawal Uniyal, Adv. Mr. Rahul Kaushik, Sr. Adv. Mr. Meenesh Dubey, Adv. Mr. Sanjeev Gupta, Adv. M/S. Dubey & Chandra Law Chambers, AOR Mr. T. R. B. Sivakumar, AOR Mr. Aarif Ali, Adv. Mr. Mujahid Ahmad, Adv. Mr. Dhirendra Kumar Verma, Adv. Mr. Rakesh Ranjan, Adv. Mr. Chand Qureshi, AOR UPON hearing the counsel the Court made the following O R D E R IA No. 244420/2024 in SLP (Crl) D. No. 28783/20231 1. Since, the case of premature release in respect of the applicant-Moinuddin is rejected by the State, however, learned counsel appearing for him prays for time to surrender. As prayed, three weeks’ time is allowed with liberty to take recourse and to challenge the order rejecting premature release. 2. In that view of the matter, no further orders are required on the interlocutory application and the order
3 granting interim protection shall not continue so far as it relates to the Moinuddin. 3. The interlocutory application is accordingly disposed of. Writ Petition (Crl.) No. 433/2024 4. After hearing learned counsel for the petitioners, we see no reason and ground to intervene in this writ petition. However, the recourse as permissible to the petitioners may be taken challenging the order rejecting their application for premature release. 5. In view of the above observation, the present writ petition stands disposed of. 6. The petitioners who have already been released are granted three weeks’ time to surrender before the court concerned subject to further orders by the High Court, if any, passed in the proceedings. SLP (Crl.) Diary No(s). 28783/2023 7. List on 05.05.2025. (GULSHAN KUMAR ARORA) (NAND KISHOR) AR-CUM-PS ASSISTANT REGISTRAR
ITEM NO.36 COURT NO.6 SECTION II S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS SPECIAL LEAVE PETITION (CRIMINAL) Diary No. 28783/2023 [Arising out of impugned final judgment and order dated 13-09-2018 in CRLA No. 370/1983 passed by the High Court of Judicature at Allahabad] SURENDRA @ SUNDA Petitioner(s) VERSUS THE STATE OF UTTAR PRADESH Respondent(s) (Mr. K. Parameshwar, Learned senior counsel has been appointed as Amicus Curiae in the instant matter.) (IA No. 245536/2024 - APPLICATION FOR PERMISSION and IA No. 289119/2024 - APPLICATION FOR PERMISSION and IA No. 244419/2024 - APPLICATION FOR PERMISSION and IA No. 288753/2024 - APPLICATION FOR PERMISSION and IA No. 59584/2025 - APPROPRIATE ORDERS/DIRECTIONS and IA No. 59383/2025 - APPROPRIATE ORDERS/DIRECTIONS and IA No. 129279/2024 - CONDONATION OF DELAY IN FILING and IA No. 203861/2024 - EXEMPTION FROM FILING O.T. and IA No. 279416/2024 - EXEMPTION FROM FILING O.T. and IA No. 257427/2024 - EXEMPTION FROM FILING O.T. and IA No. 59376/2025 - INTERVENTION APPLICATION and IA No. 245529/2024 - INTERVENTION APPLICATION and IA No. 59400/2025 - INTERVENTION APPLICATION and IA No. 245530/2024 - PERMISSION TO FILE APPLICATION FOR DIRECTION and IA No. 289120/2024 - PERMISSION TO FILE APPLICATION FOR DIRECTION and IA No. 244420/2024 - PERMISSION TO FILE APPLICATION FOR DIRECTION and IA No. 288756/2024 - PERMISSION TO FILE APPLICATION FOR DIRECTION and IA No. 245537/2024 - PERMISSION TO FILE APPLICATION FOR DIRECTION) WITH W.P.(Crl.) No. 433/2024 (X) (IA No. 243278/2024 - EX-PARTE STAY and IA No. 87610/2025 - EXEMPTION FROM FILING O.T. and IA No. 243285/2024 - EXEMPTION FROM FILING O.T. and IA No. 243282/2024 - INTERIM BAIL) Date : 21-04-2025 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE J.K. MAHESHWARI HON'BLE MR. JUSTICE ARAVIND KUMAR For Petitioner(s) : Mr. Ajit Singh Pundir, AOR 1
SLP (Crl.) Diary No. 28783/2023 etc. Mr. Arijeet Singh, Adv. Mr. Sanjai Kumar Pathak, AOR Mrs. Shashi Pathak, Adv. Mr. Arvind Kumar Tripathi, Adv. For Respondent(s) : Ms. Garima Prasad, Sr. A.A.G. Mr. Pradeep Misra, AOR Mr. Suraj Singh, Adv. Mr. Rahul Kaushik, Sr. Adv. Mr. Meenesh Dubey, Adv. Mr. Sanjeev Gupta, Adv. M/s Dubey & Chandra Law Chambers, AOR Mr. T. R. B. Sivakumar, AOR Mr. Rajkumar Yadav, Adv. Mr. Pankaj Kumar Tiwari, Adv. Mr. Deepak Kumar, Adv. Mr. Chand Qureshi, AOR UPON hearing the counsel the Court made the following O R D E R 1) As prayed, note by the Amicus Curiae be filed during the course of the day. A copy thereof be supplied to the counsel for the State of Uttar Pradesh. 2) List the matter next week. (NIDHI AHUJA) (NAND KISHOR) AR-cum-PS ASSISTANT REGISTRAR 2
ITEM NO.36 COURT NO.12 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Writ Petition(s)(Criminal) No(s). 135/2025 UMESH MAHTO Petitioner(s) VERSUS STATE OF U.P. & ORS. Respondent(s) (FOR ADMISSION , IA No. 78612/2025 - EXEMPTION FROM FILING O.T.) Date : 17-04-2025 This matter was called on for hearing today. CORAM : HON'BLE MR. JUSTICE SUDHANSHU DHULIA HON'BLE MR. JUSTICE K. VINOD CHANDRAN For Petitioner(s) Mr. Brijendra Singh, Adv. Mr. Shishir Kumar Saxena, Adv. Mr. Reyajuddin Ahmad Siddique, Adv. Ms. Gargi Mishra, Adv. Mr. Praveen Swarup, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Learned counsel for the petitioner(s) is not prepared with the matter. Let the petitioner file a detailed affidavit as to the case on which the petitioner had faced trial and on what basis he has been convicted and sentenced by the Court concerned, within a period of four weeks. List on 22.07.2025. (NIRMALA NEGI) (RENU BALA GAMBHIR) ASTT. REGISTRAR-cum-PS ASSISTANT REGISTRAR
ITEM NO.13 COURT NO.2 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Writ Petition(s)(Criminal) No(s). 433/2024 TAHIR & ORS. Petitioner(s) VERSUS THE STATE OF UTTAR PRADESH Respondent(s) (IA No. 243278/2024 - EX-PARTE STAY, IA No. 243285/2024 - EXEMPTION FROM FILING O.T. AND IA No. 243282/2024 - INTERIM BAIL) Date : 08-04-2025 This matter was called on for hearing today. CORAM : HON'BLE MR. JUSTICE B.R. GAVAI HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH For Petitioner(s) : Mr. Ajit Singh Pundir, AOR Mr. Arijeet Singh, Adv. For Respondent(s) : Ms. Garima Prasad, Sr. A.A.G. Dr. Vijender Singh,AOR Mr. Krishna Pandey, Adv. Ms. Jasmin K., Adv. Mr. Pradeep Misra, AOR Mr. Daleep Dhyani, Adv. Mr. Suraj Singh, Adv. UPON hearing the counsel the Court made the following O R D E R With regard to the relief of 158 prisoners, wherein the names of the present petitioners are also included, is being monitored by the Coordinate Bench of this Court, presided over the Hon’ble Mr. Justice J.K. Maheshwari in SLP(Crl.) D. No. 28783 of 2023, it will, therefore, be appropriate that the present petition is also directed to be tagged alongwith the said matter. (DEEPAK SINGH) (ANJU KAPOOR) ASTT. REGISTRAR-cum-PS ASSISTANT REGISTRAR 1
2
1 ITEM NO.23 COURT NO.6 SECTION II S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS SPECIAL LEAVE PETITION (CRIMINAL) Diary No(s). 28783/2023 [Arising out of impugned final judgment and order dated 13-09-2018 in CRLA No. 370/1983 passed by the High Court of Judicature at Allahabad] SURENDRA @ SUNDA Petitioner(s) VERSUS THE STATE OF UTTAR PRADESH Respondent(s) (IA No. 245536/2024 - APPLICATION FOR PERMISSION IA No. 289119/2024 - APPLICATION FOR PERMISSION IA No. 244419/2024 - APPLICATION FOR PERMISSION IA No. 288753/2024 - APPLICATION FOR PERMISSION IA No. 129279/2024 - CONDONATION OF DELAY IN FILING IA No. 257427/2024 - EXEMPTION FROM FILING O.T. IA No. 203861/2024 - EXEMPTION FROM FILING O.T. IA No. 279416/2024 - EXEMPTION FROM FILING O.T. IA No. 245529/2024 - INTERVENTION APPLICATION IA No. 245537/2024 - PERMISSION TO FILE APPLICATION FOR DIRECTION IA No. 245530/2024 - PERMISSION TO FILE APPLICATION FOR DIRECTION IA No. 289120/2024 - PERMISSION TO FILE APPLICATION FOR DIRECTION IA No. 244420/2024 - PERMISSION TO FILE APPLICATION FOR DIRECTION IA No. 288756/2024 - PERMISSION TO FILE APPLICATION FOR DIRECTION) Date : 01-04-2025 This matter was called on for hearing today. CORAM : HON'BLE MR. JUSTICE J.K. MAHESHWARI HON'BLE MR. JUSTICE ARAVIND KUMAR For Petitioner(s) : Mr. Sanjai Kumar Pathak, AOR For Respondent(s) : Ms. Garima Prasad, Sr. A.A.G. Mr. Pradeep Misra, AOR Mr. Suraj Singh, Adv. Mr. Rahul Kaushik, Sr. Adv. Mr. Meenesh Dubey, Adv. Mr. Sanjeev Gupta, Adv. M/s Dubey & Chandra Law Chambers, AOR Mr. T. R. B. Sivakumar, AOR Mr. Aarif Ali, Adv. Mr. Pankaj Tiwari, Adv.
2 Mr. Rakesh Ranjan, Adv. Mr. Dhirendra Kumar Verma, Adv. Mr. Chand Qureshi, AOR UPON hearing the counsel the Court made the following O R D E R 1. After hearing learned counsel appearing for both the parties, we requested Mr. K. Parameshwar, learned senior counsel to assist this Court as Amicus Curiae and to give suggestions regarding preparation of the software, indicate in flowchart whereby the cases of the prisoners who have completed the requisite period of sentence in jail after conviction whereafter their cases may be taken for consideration for premature release/remission automatically in terms of policy by virtue of that software. The flow chart would also indicate the period of taking decision stepwise by the authorities which are indulged in this process as per law. It would further indicate the required indulgence of the State Legal Services Authority at appropriate stage and with interval of how many days, the Committee who has to take a decision ought to have sit. 2. Learned Amicus is further at liberty to give any additional suggestions which may workout the issues involved. 3. List on 21.04.2025. (GULSHAN KUMAR ARORA) (NAND KISHOR) AR-CUM-PS ASSISTANT REGISTRAR
ITEM NO.2 COURT NO.6 SECTION II S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS SPECIAL LEAVE PETITION (CRIMINAL) Diary No. 28783/2023 [Arising out of impugned final judgment and order dated 13-09-2018 in CRLA No. 370/1983 passed by the High Court of Judicature at Allahabad] SURENDRA @ SUNDA Petitioner(s) VERSUS THE STATE OF UTTAR PRADESH Respondent(s) (IA No. 245536/2024 - APPLICATION FOR PERMISSION and IA No. 289119/2024 - APPLICATION FOR PERMISSION and IA No. 244419/2024 - APPLICATION FOR PERMISSION and IA No. 288753/2024 - APPLICATION FOR PERMISSION and IA No. 129279/2024 - CONDONATION OF DELAY IN FILING and IA No. 203861/2024 - EXEMPTION FROM FILING O.T. and IA No. 279416/2024 - EXEMPTION FROM FILING O.T. and IA No. 257427/2024 - EXEMPTION FROM FILING O.T. and IA No. 245529/2024 - INTERVENTION APPLICATION and IA No. 245530/2024 - PERMISSION TO FILE APPLICATION FOR DIRECTION and IA No. 289120/2024 - PERMISSION TO FILE APPLICATION FOR DIRECTION and IA No. 244420/2024 - PERMISSION TO FILE APPLICATION FOR DIRECTION and IA No. 288756/2024 - PERMISSION TO FILE APPLICATION FOR DIRECTION and IA No. 245537/2024 - PERMISSION TO FILE APPLICATION FOR DIRECTION) Date : 04-03-2025 This matter was called on for hearing today. CORAM : HON'BLE MR. JUSTICE J.K. MAHESHWARI HON'BLE MR. JUSTICE ARAVIND KUMAR For Petitioner(s) : Mr. Sanjai Kumar Pathak, AOR (Not present) For Respondent(s) : Ms. Garima Prasad, Sr. A.A.G. Mr. Pradeep Misra, AOR Mr. Daleep Dhyani, Adv. Mr. Suraj Singh, Adv. Mr. T. R. B. Sivakumar, AOR Mr. Aarif Ali, Adv. Mr. Pankaj Tiwari, Adv. Mr. Mujahid Ahmad, Adv. 1
SLP (CRL.) Diary No. 28783/2023 Mr. Chand Qureshi, AOR UPON hearing the counsel the Court made the following O R D E R 1) Ms. Garima Prasad, learned Additional Advocate General appearing on behalf of respondent-State of Uttar Pradesh, prays for and is granted further three weeks’ time to submit the new compliance report. 2) At the same time, as assured, the Government shall develop a software and prepare SOP, thereby, compliance of judgment dated 18.02.2025 of this Court in the case of In Re: Policy Strategy for grant of bail (Suo Motu Writ Petition (Crl.) No. 4 of 2021) shall be timely observed in particular the cases of those prisoners who have completed 14 years/16 years of the actual jail sentence. 3) It is apposite to reproduce the directions as issued vide the aforesaid judgment dated 18.02.2025, which is as under: “(a) Where there is a policy of the appropriate Government laying down guidelines for consideration of the grant of premature release under Section 432 of the CrPC or Section 473 of the BNSS, it is the obligation of the appropriate Government to consider cases of all convicts for grant of premature release as and when they become eligible for consideration in terms of the policy. In such a case, it is not necessary for the convict or his relatives to make a specific application for grant of permanent remission. When the jail manual or any other departmental instruction issued by the appropriate Government contains such policy guidelines, the aforesaid direction will apply; 2
SLP (CRL.) Diary No. 28783/2023 4) Interim order to continue till the next date of listing. 5) The compliance affidavit be filed before the next date of listing. 6) List on 01 st April, 2025. (NIDHI AHUJA) (NAND KISHOR) AR-cum-PS COURT MASTER (NSH) 3
ITEM NO.8 COURT NO.2 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS WRIT PETITION(S)(CRIMINAL) NO(S). 433/2024 TAHIR & ORS. PETITIONER(S) VERSUS THE STATE OF UTTAR PRADESH RESPONDENT(S) (IA No. 243278/2024 - EX-PARTE STAY IA No. 243285/2024 - EXEMPTION FROM FILING O.T. IA No. 243282/2024 - INTERIM BAIL) Date : 20-02-2025 This matter was called on for hearing today. CORAM : HON'BLE MR. JUSTICE B.R. GAVAI HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH For Petitioner(s) : Mr. Ajit Singh Pundir, AOR Mr. Arijeet Singh, Adv. For Respondent(s) : Dr. Vijendra Singh, AOR Ms. Preeti Goel, Adv. Mr. Pradeep Mishra, Adv. Mr. Deepak Goel, Adv. UPON hearing the counsel the Court made the following O R D E R 1. Learned counsel for the respondent(s) seeks time to file counter affidavit. 2. Four weeks’ time is granted for the same. 3. Rejoinder affidavit, if any, be filed within two weeks thereafter. 4. List after six weeks. (NARENDRA PRASAD) (ANJU KAPOOR) DEPUTY REGISTRAR COURT MASTER
ITEM NO.61 COURT NO.7 SECTION II S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS SPECIAL LEAVE PETITION (CRIMINAL) Diary No(s). 28783/2023 [Arising out of impugned final judgment and order dated 13-09-2018 in CRLA No. 370/1983 passed by the High Court of Judicature at Allahabad] SURENDRA @ SUNDA Petitioner(s) VERSUS THE STATE OF UTTAR PRADESH Respondent(s) (IA No. 245536/2024 - APPLICATION FOR PERMISSION IA No. 244419/2024 - APPLICATION FOR PERMISSION IA No. 129279/2024 - CONDONATION OF DELAY IN FILING IA No. 279416/2024 - EXEMPTION FROM FILING O.T. IA No. 203861/2024 - EXEMPTION FROM FILING O.T. IA No. 257427/2024 - EXEMPTION FROM FILING O.T. IA No. 245529/2024 – INTERVENTION APPLICATION IA No. 279414/2024 – INTERVENTION/IMPLEADMENT IA No. 245530/2024 - PERMISSION TO FILE APPLICATION FOR DIRECTION IA No. 244420/2024 - PERMISSION TO FILE APPLICATION FOR DIRECTION IA No. 245537/2024 - PERMISSION TO FILE APPLICATION FOR DIRECTION) Date : 17-12-2024 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE J.K. MAHESHWARI HON'BLE MR. JUSTICE RAJESH BINDAL For Petitioner(s) Mr. Sanjai Kumar Pathak, AOR Mrs. Shashi Pathak, Adv. Mr. Arvind Kumar Tripathi, Adv. For Respondent(s) Ms. Garima Prasad, Sr. A.A.G. Mr. Pradeep Misra, AOR Mr. Suraj Singh, Adv. Mr. K. Vijayan, Adv. Mr. T. R. B. Sivakumar, AOR Mr. Deva Vrat Anand, Adv. Mr. Aarif Ali, Adv. Mr. Pankaj Tiwari, Adv. Mr. Mujahid Ahmad, Adv. Mr. Bakir Ali, Adv.
2 Mr. Dhirendra Kumar Verma, Adv. Mr. Pradeep Mohod, Adv. Mr. Chand Qureshi, AOR UPON hearing the counsel the Court made the following O R D E R 1. IA No.279414 of 2024 has been filed for impleadment on behalf of an accused, namely, Om Nath lodged in the District Jail, Gautam Budh Nagar (NOIDA) and served the sentence of 18 years and 16 days. It is contended that as per the previous orders of arrest by this Court, a notice to surrender has been issued to him. 2. However, vide order dated 13.11.2024, it was clarified that the persons who have already served more than 14 years of sentence shall not be taken into custody and the explanation was sought from the Government. Therefore, in this regard, it is not necessary to join the applicant, Om Nath as a party in this case. 3. Accordingly and in view of the order dated 13.11.2024, I.A. No. 279414 of 2024 stands disposed of. 4. The order dated 13.11.2024, in particular para 6 thereof, shall remain in operation until further orders or subject to the orders passed by the authorities regarding allowing/rejection of the representation of remission.
3 5. Affidavit filed by the Secretary, Prison has been perused. In Paragraph 4 of the affidavit, a chart has been produced indicating the status of the cases of the proposals of total 137 prisoners which is as under : “Status of cases/proposals of Total 137 prisoners Sl. No. Details of proposals No. of proposa ls 1. No. of released prisoners 19 2. No. of rejected proposals 03 3. Proposals sent back to Jails from Headquarter for corrections. 07 4. Pending proposals at District Magistrate level 05 5. Pending proposals at Headquarter level 19 6. Proposals sent to competent authority level 84 TOTAL 137 6. After perusal from Serial No. 4, it is revealed that 05 proposals at the District Magistrate level are pending, 19 proposals at the Headquarter level are pending and 84 proposals sent to competent authority are pending. Along with the chart attached to the affidavit, in the remark column, the reason assigned of such pendency is either not satisfactory or non-explanatory. Some of the proposals are pending from months and years together. Why the authorities are sleeping over and keeping those proposals pending is not
4 placed on record. Some reasons in the remark column are very surprising and are not acceptable to this Court. 7. It is to observe that we are not required to do the day to day jail administration but it is a matter of introspection to the level of Secretaries and the officers sitting having role to consider the proposals in the matter of grant of remission. In case the authorities are sitting tight over those, the scope of judicial review by the Supreme Court is not ousted. 8 In view of the foregoing and in the interest of justice, we wish to give an opportunity to the authorities to clear pending proposals, as stated in the remark column, within a period of two months from today and file a detailed affidavit and chart indicating the action taken. Needless to observe that the action by the authorities must be informed by way of the affidavit to this Court. The affidavit be filed on or before 24 th February, 2025. 9 List on 4 th March, 2025. (GULSHAN KUMAR ARORA) (NAND KISHOR) AR-CUM-PS COURT MASTER
ITEM NO.35 COURT NO.7 SECTION II S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS SPECIAL LEAVE PETITION (CRIMINAL) Diary No(s). 28783/2023 [Arising out of impugned final judgment and order dated 13-09-2018 in CRLA No. 370/1983 passed by the High Court of Judicature at Allahabad] SURENDRA @ SUNDA Petitioner(s) VERSUS THE STATE OF UTTAR PRADESH Respondent(s) (IA No. 244419/2024 - APPLICATION FOR PERMISSION IA No. 245536/2024 - APPLICATION FOR PERMISSION IA No. 129279/2024 - CONDONATION OF DELAY IN FILING IA No. 279416/2024 - EXEMPTION FROM FILING O.T. IA No. 203861/2024 - EXEMPTION FROM FILING O.T. IA No. 257427/2024 - EXEMPTION FROM FILING O.T. IA No. 245529/2024 - INTERVENTION APPLICATION IA No. 279414/2024 - INTERVENTION/IMPLEADMENT IA No.244420/2024 - PERMISSION TO FILE APPLICATION FOR DIRECTION IA No. 245537/2024 - PERMISSION TO FILE APPLICATION FOR DIRECTION IA No. 245530/2024 - PERMISSION TO FILE APPLICATION FOR DIRECTION) Date : 16-12-2024 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE J.K. MAHESHWARI HON'BLE MR. JUSTICE RAJESH BINDAL For Petitioner(s) Mr. Sanjai Kumar Pathak, AOR Mrs. Shashi Pathak, Adv. Mr. Arvind Kumar Tripathi, Adv. For Respondent(s) Ms. Garima Prasad, Sr. A.A.G. (Not Present) Mr. Pradeep Misra, AOR Mr. Daleep Dhyani, Adv. Mr. Suraj Singh, Adv. Mr. K. Vijayan, Adv. Mr. T. R. B. Sivakumar, AOR
2 Mr. Deva Vrat Anand, Adv. Mr. Aarif Ali, Adv. Mr. Pankaj Tiwari, Adv. Mr. Mujahid Ahmad, Adv. Mr. Ahmad Parvez, Adv. Mr. Dhirendra Kumar Verma, Adv. Mr. Aurangzeb Khan, Adv. Mr. Chand Qureshi, AOR UPON hearing the counsel the Court made the following O R D E R As prayed on behalf of Ms. Garima Prasad, learned Additional Advocate General for the State of Uttar Pradesh, list on 17.12.2024. (GULSHAN KUMAR ARORA) (NAND KISHOR) AR-CUM-PS COURT MASTER
ITEM NO.7 COURT NO.7 SECTION II S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS SPECIAL LEAVE PETITION (CRIMINAL) Diary No. 28783/2023 [Arising out of impugned final judgment and order dated 13-09-2018 in CRLA No. 370/1983 passed by the High Court of Judicature at Allahabad] SURENDRA @ SUNDA Petitioner(s) VERSUS THE STATE OF UTTAR PRADESH Respondent(s) (IA No. 244419/2024 - APPLICATION FOR PERMISSION and IA No. 245536/2024 - APPLICATION FOR PERMISSION and IA No. 129279/2024 - CONDONATION OF DELAY IN FILING and IA No. 203861/2024 - EXEMPTION FROM FILING O.T. and IA No. 245529/2024 - INTERVENTION APPLICATION and IA No. 244420/2024 - PERMISSION TO FILE APPLICATION FOR DIRECTION and IA No. 245537/2024 - PERMISSION TO FILE APPLICATION FOR DIRECTION and IA No. 245530/2024 - PERMISSION TO FILE APPLICATION FOR DIRECTION) Date : 13-11-2024 This matter was called on for hearing today. CORAM : HON'BLE MR. JUSTICE J.K. MAHESHWARI HON'BLE MR. JUSTICE RAJESH BINDAL For Petitioner(s) Mr. Sanjai Kumar Pathak, AOR For Respondent(s) Ms. Garima Prasad, Sr. A.A.G. Mr. Pradeep Misra, AOR Mr. Suraj Singh, Adv. Ms. Nidhi Singh, Adv. Mr. Shadan Farasat, Sr. Adv. Mr. Aarif Ali, Adv. Mr. Pankaj Tiwari, Adv. Mr. Mujahid Ahmad, Adv. Mr. Natasha Maheshwari, Adv. Mr. Dhirendra Kumar Verma, Adv. Mr. Chand Qureshi, AOR UPON hearing the counsel the Court made the following 1
SLP (Crl.) Diary No. 28783/2023 O R D E R 1) Apropos orders dated 13.08.2024, 03.09.2024 and the detailed order dated 09.09.2024, affidavit of the Additional Chief Secretary, Home, Government of Uttar Pradesh, has been filed inter alia contending that the Director General of Police of the State has been instructed and in every district, a nodal officer has been appointed to take into custody the persons who were released in terms of order dated 10.01.2024 of the Division Bench of the High Court of Judicature at Allahabad in Ganesh v. State of Uttar Pradesh ( Criminal Appeal No.165 of 2016) which order was reversed by the Full Bench of the High Court vide order dated 25.05.2024 in Ambrish Kumar Verma v. State of Uttar Pradesh (Criminal Misc. Writ Petition No.1915 of 2024). 2) Affidavit filed by the Principal Secretary, Prison Administration and Reforms Department, Government of Uttar Pradesh, indicates that a total of 158 prisoners were released in furtherance to the aforesaid order dated 10.01.2024 in Ganesh (supra) and o ut of them, 21 prisoners were those who served less than 14 years of sentence. It is said that out of 2
SLP (Crl.) Diary No. 28783/2023 them, 18 prisoners have been taken into custody, 1 died and 2 are yet to be arrested. The remaining 137 are those who have completed 14 years of sentence. 3) It is not clear that out of those how many prisoners have applied for remission on completion of 14 years of sentence and recommendation in their favour has been made by the concerned jail authorities. During hearing, it is informed by Ms. Garima Prasad, learned Additional Advocate General, that remission has been granted to 10 prisoners. The status/details of remaining 127 prisoners be brought on record on the next date on affidavit of the Secretary (Prisons). 4) It is informed during hearing that those prisoners who have been arrested, though completed 14 years, may be at liberty to apply to the authorities for remission which shall be considered by the authorities as per policy. 5) We require the jailwise details of the prisoners who have completed 14 years of sentence, minimum period required for remission and consideration of their cases for remission. The Secretary (Prisons) to file his affidavit. 6) In the meantime, the order passed earlier regarding arrest of those persons who have served more than 14 years of 3
SLP (Crl.) Diary No. 28783/2023 sentence be not given effect to until the next date of listing. 7) List the matter on 16 th December, 2024. (NIDHI AHUJA) (NAND KISHOR) AR-cum-PS COURT MASTER (NSH) 4
DIARY NO. 28783/2023 ITEM NO.34 COURT NO.7 SECTION II S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS SPECIAL LEAVE PETITION (CRIMINAL) DIARY NO. 28783/2023 [Arising out of impugned final judgment and order dated 13-09-2018 in CRLA No. 370/1983 passed by the High Court Of Judicature At Allahabad] SURENDRA @ SUNDA PETITIONER(S) VERSUS THE STATE OF UTTAR PRADESH RESPONDENT(S) IA No. 245536/2024 - APPLICATION FOR PERMISSION IA No. 244419/2024 - APPLICATION FOR PERMISSION IA No. 129279/2024 - CONDONATION OF DELAY IN FILING IA No. 203861/2024 - EXEMPTION FROM FILING O.T. IA No. 245529/2024 - INTERVENTION APPLICATION IA No. 245537/2024 - PERMISSION TO FILE APPLICATION FOR DIRECTION IA No. 245530/2024 - PERMISSION TO FILE APPLICATION FOR DIRECTION IA No. 244420/2024 - PERMISSION TO FILE APPLICATION FOR DIRECTION) Date : 11-11-2024 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE J.K. MAHESHWARI HON'BLE MR. JUSTICE RAJESH BINDAL For Petitioner(s) Mr. Sanjai Kumar Pathak, AOR Mrs. Shashi Pathak, Adv. Mr. Arvind Kumar Tripathi, Adv. For Respondent(s) Ms. Garima Prasad, Sr. A.A.G. Mr. Pradeep Misra, AOR Mr. Shadaan Farasat, Sr. Adv. Mr. Aarif Ali, Adv. Mr. Pankaj Tiwari, Adv. Mr. Mujahid Ahmad, Adv. Mr. Mohit Yadav, Adv. Mr./Ms. Natasha Maheshwari, Adv. 1
DIARY NO. 28783/2023 Mr. Chand Qureshi, AOR Mr. Dhirendra Kumar Verma, Adv. UPON hearing the counsel, the Court made the following O R D E R 1. It is informed that the affidavits of Principal Secretary (Home) and Principal Secretary (Prisons) have been filed on 09 th November, 2024. However, the same are not on record. 2. List on 13 th November, 2024 along with affidavits. (POOJA SHARMA) (NAND KISHOR) COURT MASTER (SH) COURT MASTER (NSH) 2
ITEM NO.9 COURT NO.3 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Writ Petition(s)(Criminal) No(s). 433/2024 TAHIR & ORS. Petitioner(s) VERSUS THE STATE OF UTTAR PRADESH Respondent(s) (FOR ADMISSION and IA No.243282/2024-INTERIM BAIL and IA No.243278/2024-EX-PARTE STAY and IA No.243285/2024-EXEMPTION FROM FILING O.T. ) Date : 08-11-2024 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE B.R. GAVAI HON'BLE MR. JUSTICE K.V. VISWANATHAN For Petitioner(s) Mr. Ajit Singh Pundir, AOR Mr. Arijeet Singh, Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R 1. Issue notice, returnable in four weeks. 2. In addition to the usual mode, liberty is granted to the petitioner to serve notice through the Standing Counsel for the respondent/State. 3. Until further order(s), the execution of the impugned letter dated 23.09.2024 of the Senior Superintendent Central Jail Agra, qua the petitioners, shall remain stayed. (DEEPAK SINGH) (ANJU KAPOOR) ASTT. REGISTRAR-cum-PS COURT MASTER (NSH)
ITEM NO.801 COURT NO.8 SECTION II (MENTIONING) S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS SPECIAL LEAVE PETITION (CRIMINAL) DIARY NO. 28783/2023 (Arising out of impugned final judgment and order dated 13-09-2018 in CRLA No. 370/1983 passed by the High Court Of Judicature At Allahabad) SURENDRA @ SUNDA PETITIONER VERSUS THE STATE OF UTTAR PRADESH RESPONDENT (IA NOS. 244419/2024, 245529/2024, 245536/2024, 244420/2024, 245530/2024, 245537/2024) Date : 24-10-2024 These applications were MENTIONED today. CORAM : HON'BLE MR. JUSTICE J.K. MAHESHWARI HON'BLE MR. JUSTICE RAJESH BINDAL For Petitioner(s) Mr. Sanjai Kumar Pathak, AOR (NP) For Respondent(s) Mr. Pradeep Misra, AOR (NP) Mr. Chand Qureshi, AOR (Mentioned by) UPON BEING MENTIONED, the Court made the following O R D E R IA Nos. 244419/2024, 245529/2024, 245536/2024, 244420/2024, 245530/2024, 245537/2024: 1. No orders for present. 2. List these applications along with the main petition, if in order. (POOJA SHARMA) (NAND KISHOR)
COURT MASTER (SH) COURT MASTER (NSH)
IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION SPECIAL LEAVE PETITION (CRIMINAL) NO. ………………of 2024 (ARISING OUT OF DIARY NO. 28783 OF 2023) SURENDRA @ SUNDA … PETITIONER VERSUS THE STATE OF UTTAR PRADESH … RESPONDENT ORDER 1. The facts of the case in brief are that the Petitioner, along with several others, was arraigned in F.I.R. No. 43 of 1982 as accused. The Ld. Trial Court 1 , vide judgment dated 05.02.1983, held the Petitioner guilty and directed him to undergo the sentence of two years rigorous imprisonment under Section 148 of IPC and life under Section 302 read with 149 of IPC. 2. The Petitioner preferred Criminal Appeal 2 against the judgment of Trial Court. The same was dismissed by the High Court 3 vide judgment dated 13.09.2018. 1
ST No. 202 of 1982 2
Criminal Appeal No. 370 of 1983. 3
High Court of Judicature at Allahabad. Page 1 of 10
3. Challenging the same, the Petitioner filed the present Special Leave Petition before this Court. Finding no merit in the petition, this Court dismissed the same on 13.08.2024. 4. During the course of the hearing, this Court was apprised that the Petitioner was prematurely released and a letter dated 11.08.2024 from the office of the Senior Superintendent, Central Jail, Agra was placed on record. The aforesaid letter stated that the Petitioner, who was sentenced to life imprisonment, served only two years, five months and twelve days till 22.03.2024 i.e. the date on which he was released. It was informed that in compliance of a High Court order 4 dated 10.01.2024 passed in “ Ganesh vs. State of Uttar Pradesh” , release order of the Petitioner was issued from Central Jail, Agra on 22.03.2024. 5. The question arose as to how the Petitioner, a life convict, has been released on bail in furtherance of an order passed in a different appeal in which the Petitioner was not a party. In view of this information, the Learned Counsel for the State was directed to file an affidavit explaining the circumstances in which the Petitioner, who was a life convict, was released despite his conviction being upheld by the High Court. 4
Criminal Appeal No. 165 of 2016. Page 2 of 10
6. The affidavit filed by the State details the decision of the High Court in Ganesh (Supra). In this case, Division Bench of the Allahabad High Court issued directions as under: “14. Considering the delay in disposing of the premature release cases in the light of the judgement of the Hon’ble Supreme Court in Rashidul Jafar @ Chota (supra), in exercise of power under Article 226 of the Constitution of India read with Section 482 Cr.P.C., it is directed that the Chief Judicial Magistrate as well as Secretary, Legal Services Authority in each sessions division concerned will submit a periodical report to the Registrar General of this Court which will be tagged with this file, after every three months after seeking information from their concerned Jail Superintendents to this effect :- (a) The number of cases recommended by the Superintendent of jail(s), which are pending approval by the competent authority; (b) In case, where a case is recommended six months prior to the date when such a person becomes eligible for consideration to premature release, as per the recommendation made by the Superintendent Jail concerned and no final decision is taken despite lapse of six months, the Secretary, District Legal Services Authority of each District will call upon the family member of such a convict informing them that w.e.f. the date when the premature release of a convict is due as per the recommendation and no final decision/call is taken by the State Government the convict will be released on bail subject to furnishing bail/ surety bonds before the Chief Judicial Magistrate concerned apart from; Page 3 of 10
…(g) This order will apply mutatis mutandis to all the convicts, who are undergoing the sentence in the District/Central Jail in the State of U.P. and all the Secretary, District Legal Services Authority will collect the relevant data from the concerned jail and will make the necessary compliance and will ensure release of the convict on bail to be furnished before Chief Judicial Magistrate concerned after his due date of release as per the recommendation of Superintendent of the concerned jail. (h) Such directions are issued to put reverse burden on the State Governments to decide the premature release case within the time limit of 6 months as per their own policy/instructions. In case it is to be rejected on the grounds of being a heinous crime or threat to the security to State etc., as provided in instructions such decision be taken within time frame as per policy so that the convict may not get bail.” 6.1. Placing reliance on the aforesaid judgement, the Chief Judicial Magistrate, Mathura, vide order dated 15.03.2024, directed the release of the Petitioner on interim bail. Subsequently, the Petitioner was released from jail. On the date of his release, he had served only two years, five months and twelve days against his life sentence. 6.2. The judgment in Ganesh (Supra) came to be considered by a Full Bench of the Allahabad High Court (Lucknow Bench) in Ambrish Kumar Verma v. State of Uttar Pradesh 5 upon a 5
Criminal Misc. Writ Petition No. 1915/2024 Page 4 of 10
reference 6 by a Division Bench. Vide its order dated 25.05.2024, the Full Bench held that the judgment in Ganesh (Supra) is in the teeth of Constitution Bench decision of this Court in Union of India vs. V. Sriharan @ Murugan and others 7 . The High Court held that the power of remission lies only with the appropriate authority and the Division Bench in Ganesh (Supra) could not have issued any general directions instructing the Chief Judicial Magistrates to release the convicts, whose remission / premature release applications were pending, on interim bail. 7. Upon being asked, learned counsel for the Respondent submits that in the State of Uttar Pradesh, minimum period of 14 years imprisonment must be undergone by a convict sentenced to life imprisonment before they may be considered for remission. It is also pointed out by the learned counsel that the order dated 15.03.2024 passed by the Chief Judicial Magistrate, Mathura is liable to be set aside, and the Petitioner be directed to surrender. 8. Heard the learned counsel for the parties. It is quite perplexing that the Petitioner, a convict who has only undergone imprisonment for a total period of 2 years 5 months, which is significantly lesser than the minimum period of imprisonment 6
Order d ated 21.03.2024. 7
[2015] 14 S.C.R. 613 Page 5 of 10
required for a life convict to be eligible for remission, has been released from prison. It is also not forthcoming from the Respondent as to how the concerned Jail Authorities have recommended the name of the Petitioner for remission being aware of the aforementioned fact. 9. It is pertinent to observe that in the Chief Judicial Magistrate’s order dated 15.03.2024, it has been mentioned that upon receiving letter dated 22.02.2024 from Senior Superintendent, Central Jail, Agra, the case of 29 convicts was considered by the Chief Judicial Magistrate on that date alone for interim bail in terms of the judgement in Ganesh (Supra). In such view of the matter, it is necessary to find out how many persons all across the State of Uttar Pradesh have been extended the relief of interim bail by different Chief Judicial Magistrates in light of the directions issued in Ganesh (Supra). Additionally, after the subsequent decision of the Full Bench of the Allahabad High Court in Ambrish (Supra), whether any steps have been taken by the State of Uttar Pradesh to seek cancellation of interim bail which has been granted to the Petitioner and similarly placed convicts by the Chief Judicial Magistrates across the State of Uttar Pradesh in light of the judgement in Ganesh (Supra). Page 6 of 10
10. In the attending facts and circumstances, this Court cannot help but take a strict view of the matter. The order dated 15.03.2024 passed by the Chief Judicial Magistrate, Mathura releasing the Petitioner on bail is hereby set aside and the Petitioner is directed to surrender within a period of two months to serve the life sentence. If the Petitioner does not surrender, Trial Court shall take appropriate measures / steps to take him into custody. 11. Looking to the gravity of the matter, we must also seek a detailed affidavit from the Principal Secretary (Home) and Principal Secretary (Prisons) of the State of Uttar Pradesh on the following: a. How the Jail Authorities could recommend the case of the Petitioner for remission without compliance of the State’s remission policy which mandates 14 years minimum imprisonment for a life convict to be considered for remission, since he had only served a period of 2 years 5 months of imprisonment? b. After the decision of the Full Bench in Ambarish (Supra) setting aside directions issued in Ganesh (Supra), whether Page 7 of 10
the Petitioner has been taken back in custody? If not, whether any steps have been taken by the State of Uttar Pradesh in that regard? c. How many convicts have been taken back in custody after the aforesaid directions were set aside by the Full Bench? d. Whether these convicts were eligible for premature release as per State Remission Policy? If not, how were their names recommended for remission / premature release by the concerned Jail Authorities? e. Whether their application for remission of the aforementioned convicts was pending on the date of their release on interim bail? 12. Let the reply be filed within 8 weeks. 13. List on 11.11.2024. ……………….……………..J. (J.K. MAHESHWARI) ……………….……………..J. (RAJESH BINDAL) New Delhi September 9, 2024. Page 8 of 10
ITEM NO.43 COURT NO.8 SECTION II S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS SPECIAL LEAVE PETITION (CRIMINAL) Diary No. 28783/2023 (Arising out of impugned final judgment and order dated 13-09-2018 in CRLA No. 370/1983 passed by the High Court of Judicature at Allahabad) SURENDRA @ SUNDA Petitioner(s) VERSUS THE STATE OF UTTAR PRADESH Respondent(s) (IA No.129279/2024-CONDONATION OF DELAY IN FILING) Date : 09-09-2024 This matter was called on for hearing today. CORAM : HON'BLE MR. JUSTICE J.K. MAHESHWARI HON'BLE MR. JUSTICE RAJESH BINDAL For Petitioner(s) Mr. Sanjai Kumar Pathak, AOR Mr. Arvind Kumar Tripathi, Adv. Mrs. Shashi Pathak, Adv. Mr. Maruti Nandan, Adv. For Respondent(s) Ms. Garima Prasad, Sr. A.A.G. Mr. Pradeep Misra, AOR Mr. Daleep Dhyani, Adv. Mr. Suraj Singh, Adv. UPON hearing the counsel the Court made the following O R D E R In terms of the signed order, the Court, inter alia , ordered as follows: 10. In the attending facts and circumstances, this Court cannot help but take a strict view of the matter. The order dated 15.03.2024 passed by the Chief Judicial Magistrate, Mathura releasing the Petitioner on bail is hereby set aside and the Petitioner is directed to surrender within a period of two months to serve the life sentence. If the Petitioner does not Page 9 of 10
surrender, Trial Court shall take appropriate measures / steps to take him into custody. 11. Looking to the gravity of the matter, we must also seek a detailed affidavit from the Principal Secretary (Home) and Principal Secretary (Prisons) of the State of Uttar Pradesh on the following: a. How the Jail Authorities could recommend the case of the Petitioner for remission without compliance of the State’s remission policy which mandates 14 years minimum imprisonment for a life convict to be considered for remission, since he had only served a period of 2 years 5 months of imprisonment? b. After the decision of the Full Bench in Ambarish (Supra) setting aside directions issued in Ganesh (Supra), whether the Petitioner has been taken back in custody? If not, whether any steps have been taken by the State of Uttar Pradesh in that regard? c. How many convicts have been taken back in custody after the aforesaid directions were set aside by the Full Bench? d. Whether these convicts were eligible for premature release as per State Remission Policy? If not, how were their names recommended for remission / premature release by the concerned Jail Authorities? e. Whether their application for remission of the aforementioned convicts was pending on the date of their release on interim bail? 12. Let the reply be filed within 8 weeks. 13. List on 11.11.2024.” (NIDHI AHUJA) (ANU BHALLA) AR-cum-PS COURT MASTER (NSH) [Signed order is placed on the file.] Page 10 of 10
1 ITEM NO.8 COURT NO.8 SECTION II S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS SPECIAL LEAVE PETITION (CRIMINAL) Diary No(s). 28783/2023 (Arising out of impugned final judgment and order dated 13-09-2018 in CRLA No. 370/1983 passed by the High Court Of Judicature At Allahabad) SURENDRA @ SUNDA Petitioner(s) VERSUS THE STATE OF UTTAR PRADESH Respondent(s) (IA No.129279/2024-CONDONATION OF DELAY IN FILING ) Date : 03-09-2024 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE MANOJ MISRA HON'BLE MR. JUSTICE RAJESH BINDAL For Petitioner(s) Mr. Sanjai Kumar Pathak, AOR Mr. Arvind Kumar Tripathi, Adv. Mrs. Shashi Pathak, Adv. Mr. Maruti Nandan, Adv. For Respondent(s) Ms. Garima Prasad, Sr. A.A.G. Mr. Pradeep Misra, AOR Mr. Daleep Dhyani, Adv. Mr. Manoj Kumar Sharma, Adv. UPON hearing the counsel the Court made the following O R D E R By order dated 13.08.2024, after hearing learned counsel for the parties, the Court was of the view that there was no ground to entertain this Special Leave Petition. However, upon being apprised of the fact that the petitioner was prematurely released by the Government, even though he had served just about two years and five months of sentence, this Court
2 required the State counsel to explain the circumstances in which he was released prematurely. Ms. Garima Prasad, learned senior counsel for the State, prays for a week’s opportunity to file an affidavit of the Senior Superintendent, Central Jail, Agra explaining the circumstances in which the appellant was released despite his conviction being upheld by the High Court. List next week. (ASHA SUNDRIYAL) (ANU BHALLA) ASTT. REGISTRAR-cum-PS COURT MASTER (NSH)
ITEM NO.15 COURT NO.8 SECTION II S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS SPECIAL LEAVE PETITION (CRIMINAL) Diary No. 28783/2023 (Arising out of impugned final judgment and order dated 13-09-2018 in CRLA No. 370/1983 passed by the High Court of Judicature at Allahabad) SURENDRA @ SUNDA Petitioner(s) VERSUS THE STATE OF UTTAR PRADESH Respondent(s) (IA No.129279/2024-CONDONATION OF DELAY IN FILING ) Date : 13-08-2024 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE J.K. MAHESHWARI HON'BLE MR. JUSTICE RAJESH BINDAL For Petitioner(s) Mr. Sanjai Kumar Pathak, AOR Mr. Arvind Kumar Tripathi, Adv. Mrs. Shashi Pathak, Adv. Mr. Maruti Nandan, Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Letter dated 11.08.2024, issued by the Office of the senior Superintendent, Central Jail, Agra and copy of the order dated 10.01.2024 passed by the High Court of Allahabad in Crl.A. No. 165 of 2016 are taken on record. After hearing learned counsel for the petitioner we do not find any reason and ground to entertain this special leave pet ition. However, during the hearing it is informed that as per letter dated 11.08.2024 issued from the office of the senior Superintendent, Central Jail, Agra in reference to the order dated 10.01.2024 passed in 1
Diary No. 28783/2023 Criminal Appeal No. 165 of 2016, Ganesh Vs. State of Uttar Pradesh, the petitioner has been prematurely released. As informed his custody by this time is two years, five months and twelve days till 22.03.2024 i.e. the date on which he was released. However, to ascertain that how a person who is convicted for life imprisonment, can be released in furtherance to the order passed in a different appeal in which the petitioner is not an appellant. The fact be explained by the learned counsel for the State of Uttar Pradesh and an explanation to that effect be submitted by the senior Superintendent, Central Jail, Agra through the Government Advocate. Let a copy of this order be sent to Mr. Ravindra Raizada, A.A.G. of the State of Uttar Pradesh and the copy of the petition be supplied by the learned counsel for the petitioner to him. List after two weeks. (RAJNI MUKHI) (POOJA SHARMA) COURT MASTER (SH) COURT MASTER (NSH) 2
ITEM NO.24 COURT NO.8 SECTION II S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS SPECIAL LEAVE PETITION (CRIMINAL) Diary No. 28783/2023 (Arising out of impugned final judgment and order dated 13-09-2018 in CRLA No. 370/1983 passed by the High Court of Judicature at Allahabad) SURENDRA @ SUNDA Petitioner(s) VERSUS THE STATE OF UTTAR PRADESH Respondent(s) (IA No.129279/2024-CONDONATION OF DELAY IN FILING) Date : 10-07-2024 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE J.K. MAHESHWARI HON'BLE MR. JUSTICE RAJESH BINDAL For Petitioner(s) Mr. Sanjai Kumar Pathak, AOR Mr. Arvind Kumar Tripathi, Adv. Mrs. Shashi Pathak, Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R As prayed, learned counsel for the petitioner, who is appointed as Amicus in the matter by the Supreme Court Legal Services Committee, may seek instructions and file custody certificate and other relevant details regarding the petitioner. List the matter after a month. (NIDHI AHUJA) (SUDHIR KUMAR SHARMA) AR-cum-PS COURT MASTER (NSH)