The Gujarat High Court on Friday held that the 2018 release on remission granted to the Terrorist and Disruptive Activities (Prevention) Act (TADA) convict Aniruddhsinh Mahipatsinh Jadeja, who was sentenced to life imprisonment in the 1989 murder of Congress MLA Popat Sorathiya, by then Additional Director General of Police, Jail and Administrative Reforms, is “illegal and “without authority of law”. The court directed Jadeja to surrender by September 18.The 90-page order of Justice Hasmukh Suthar begins with a verse of the Brihadaranyaka Upanishad to state that “even the weak may prevail over the strong” and ends with “BE You so High, the Law is above you”.The order was pronounced after hearing a petition filed by the grandson of Sorathiya.The Congress MLA was shot dead by Jadeja on the Independence Day during a flag-hoisting ceremony at Sangramsinh High School in Gondal. Jadeja was apprehended on the spot and the case was tried under the TADA Act.While the sessions court had acquitted Jadeja as 45 witnesses turned hostile, the state had moved an appeal in the Supreme Court and in 1997, Jadeja was convicted for murder and sentenced to life imprisonment. However, it was only in April 2000 that Jadeja was nabbed after being on the run for almost three years.In 2017, the state government issued a resolution granting remission to certain convicts, including those serving life sentences who had completed 12 years in prison.Although Jadeja’s case was not considered at that time, in January 2018, his son submitted an application to the then Additional DGP, Jail, TS Bishth, seeking that he father be granted remission. The court order states that Bishth, by a letter on the same day — January 29, 2018 – directed the Superintendent of Junagadh District Jail to grant Jadeja remission, citing that he had completed 18 years of sentence.Story continues below this adThe court order states, “It is declared that the direction issued by (TS Bisht, now retired)…to (the Superintendent, Junagadh District) by letter dated January 29 2018 is without authority and does not have any force of law and is a nullity and that premature release of (Jadeja) is illegal and without any authority of law and consequently, (Jadeja) is directed to surrender before the Jail Authority within a period of two weeks from (August 22).”The court order states that Bishth did not follow the report of the Advisory Board Committee and other conditions provided in the 2017 resolution and “straightway” issued the directions to the Junagadh Jail Superintendent “without verifying the record or contents of the application of (Jadeja’s son), accepting the same as gospel truth”.Stating that the Additional DGP had “arbitrarily” issued the letter, the court order also observed that the word used in Bishth’s communication included “Rajya Mafi”, which means pardon.The court order states, “The word “pardon” means to completely absolve a person of the offence and its consequences and said power is only under Articles 72 and 161 of the Constitution of India and are to be exercised by Hon’ble The President of India and Hon’ble Governor only based on recommendation or advice of Minister of Council and herein, no such delegation of power to respondent No.3 to pass any such order and no any order is passed by the Government or such name of the Governor also…”Story continues below this adThe court order held that in his application, Jadeja’s son had sought “pardon” but the then Additional DGP issued that letter “on his own and not on behalf of the state government or in the name of Hon’ble The Governor and that too without following any due procedure.”Observing that the silence of the state government “for quite a long time” appears that the State was “complicit”, the court order said that “it was difficult to jump to conclusion of issuing direction (to the state government) to initiate appropriate proceeding against the then Additional DGP as material evidence to show “malafide on the part” of the Additional DGP was” absent”.The court order states, “During the pending proceedings… the coordinate bench of this court observed the conduct of (Jadeja), and all the authorities have passed orders in tandem and facilitated (Jadeja) and swept the issue under the carpet… the family of the deceased had to leave the village by selling their movable and immovable properties under fear and terror.”Referring to the Supreme Court decision in the case of the remission granted to 11 convicts in the Bilkis Bano case, the court order states, “…Hon’ble Supreme Court has clearly held that the rule of law must prevail over the personal liberty of person and Court must be a beacon in upholding the rule of law failing which it would give rise to an impression that the Court is not serious about rule of law. While upholding the principle of rule of law, compassion and sympathy have no role to play where rule of law is required to be enforced…and… preserved as an essence of democracy and it is the duty of the Courts to enforce the same without fear and favor, affection or ill-will.”Story continues below this adThe court has also directed the state government to consider Jadeja’s fresh plea for remission as per the laid down procedures.