Delhi High Court Orders Release of Former PBG Member in 2003 Gang Rape Case
In a landmark judgment that underscores the reformative principles of Indian jurisprudence, the Delhi High Court has ordered the release of a former President's Bodyguards (PBG) member who was serving a life sentence for his involvement in the horrific 2003 Buddha Jayanti Park gang rape case. The court emphatically ruled that the heinous nature of a crime cannot serve as a permanent bar to remission, paving the way for the prisoner's freedom after 21 years of incarceration.
Justice Neena Bansal Krishna's Groundbreaking Order
Justice Neena Bansal Krishna, in a recent and meticulously reasoned order, directed the release of Harpreet Singh, noting his exemplary conduct during his prolonged imprisonment. The court highlighted that Singh had spent over two decades behind bars with clean conduct and had earned multiple commendations for his behavior. Despite this demonstrated rehabilitation, the Sentence Review Board (SRB) had rejected his plea for remission a staggering 12 times.
The petitioner's journey, from being a public servant who fell into crime to a prisoner who earned 21 years of clean conduct and multiple commendations, demonstrates that the reformative objective of his sentence is fulfilled, the court observed in its detailed judgment.
Court Criticizes Sentence Review Board's 'Bureaucratic Haze'
The Delhi High Court delivered a scathing critique of the SRB's approach, describing its repeated rejections based solely on the offence's gravity as reflecting a bureaucratic haze. Justice Krishna stated that sending Singh's application back to the board would be an exercise in futility, given their persistent refusal to consider his reformation.
The gravity of an offence is a static, historical fact; it does not change with time, the court noted with profound clarity. It further added that treating past heinousness as a lifelong bar to remission amounts to retributive death by incarceration, which fundamentally undermines the state's reformative framework enshrined in the Constitution.
Constitutional Principles and Reformative Justice
Justice Krishna articulated a powerful legal principle: once a convict has demonstrably reformed, the only decision to follow is grant of remission. The court asserted that it would not serve justice to return the matter to the SRB, which had consistently ignored Singh's transformation.
In a poignant section of the order, the court quoted writer Franz Kafka, drawing a parallel with a protagonist trapped in an unchanging image. It stated that the Constitution, anchored in reformative justice, forbids condemning a prisoner to eternal alienation once correction is achieved. The judgment criticized the SRB for keeping Singh trapped in the frozen image of his past criminality, while ignoring his reverse metamorphosis over two decades through discipline and good conduct.
Background of the 2003 Buddha Jayanti Park Case
The case dates back to 2003, when a 17-year-old Delhi University student was gang-raped in Buddha Jayanti Park. In 2012, the Delhi High Court upheld the conviction of four former PBG members in this case, noting they had exhibited extreme depravity. Harpreet Singh and another accused, Satender Singh, were awarded life terms for their roles. Co-accused Kuldeep Singh and Munesh Kumar received 10 years of rigorous imprisonment for charges including robbery, kidnapping, and aiding the assault.
This latest judgment marks a significant evolution in the judicial approach, balancing the gravity of past crimes with the demonstrated reformation of a convict, and reinforcing the constitutional commitment to rehabilitation over perpetual punishment.
