High Court Rejects Remission for Factoo, Sheikh; Leaves Door Open for Executive Clemency

 

Mudasir Yaqoob

Srinagar, Sep 27: The High Court of Jammu & Kashmir and Ladakh has dismissed the appeals of two convicts, Ashiq Hussain Factoo and Nazir Ahmad Sheikh, both serving life sentences for terrorist-related offences under the Terrorist and Disruptive Activities (Prevention) Act (TADA).

 

 

 

 

A division bench comprising Justice Sanjay Dhar and Justice M.A. Chowdhary upheld the constitutional validity of Rule 54.1 of the J&K Jail Manual and Rule 20.10 of the J&K Prison Manual, 2022, which exclude convicts of terrorist crimes from being considered for remission.

 

 

 

 

The court reaffirmed that life imprisonment means imprisonment for the convict’s natural life, unless specifically commuted by the President of India or the Governor of a state.

 

 

 

 

 

Factoo and Sheikh have been in custody for over two decades for separate incidents of murder and terrorist activities in the 1990s.

 

 

 

 

 

Factoo was convicted for the murder of human rights activist H.N. Wanchoo in 1992, while Sheikh was convicted for killing a BSF personnel during the same period. Both were charged under TADA for creating terror in the region.

 

 

 

 

Factoo had sought release after completing 20 years in prison, citing administrative interpretations of life imprisonment as equivalent to 20 years. However, the court reiterated that, unless specifically remitted, life imprisonment is for the entire natural life of the convict.

 

 

 

 

 

In its observations, the court noted that terrorism has caused unprecedented damage in Jammu and Kashmir over the past three decades, resulting in over 40,000 deaths and massive displacement. The bench further stated that granting remission to those convicted of such heinous crimes would undermine the state’s deterrence against terrorism.

 

 

 

 

 

 

While denying the remission plea, the court left a window open for constitutional remedies, pointing out that Articles 72 and 161 of the Constitution empower the President and the Governor to grant pardon, remission, or commutation of sentences independently of statutory provisions, providing the petitioners a possible avenue for executive clemency.