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Friday, Aug 17, 2007
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Release of 1,500 prisoners stayed

No person should be released under G.Os Ms. No. 196 and 197: Bench

New Delhi: The Supreme Court on Thursday stayed the release of about 1,500 convicted prisoners lodged in various jails in Andhra Pradesh pursuant to a notification issued by the State Government granting remission of sentence to commemorate the “150 years of First War of Independence”.

A Bench of Justice B.N. Agrawal and Justice D.K. Jain in a brief order said that it would be open to the Committee (constituted by the Government) and the competent authority to complete the exercise of examination of the cases of each of the convicts as per the two G.Os Ms. No. 196 and 197 dated August 7 and make the recommendation but no person should be released under these G.Os.

Serious matter

Observing that it was a serious matter, the Bench issued notice to the State Government seeking its response in two weeks and rejoinder in two weeks by the petitioner and directed listing of the matter after four weeks.

Appearing for the petitioner, senior counsel P.S. Mishra brought to the notice of the court that even those who were serving life imprisonment were sought to be released after completing seven years of sentence as against the normal sentence period of 14 years for life convicts.

Appearing for the State, Additional Solicitor General Gopal Subramanian said that two GOs had been issued, one relating to life convicts and the other in respect of others. He said the Government had constituted a committee to examine each case and make its recommendations, which would be forwarded to the Governor for appropriate action. He said that such G.Os were issued even earlier in 2003.

The Bench said “that the illegality perpetrated in 2003 cannot be a ground to continue the same illegality again. They (the GOs) have to be kept in abeyance. You have to see the nature of offence. There may be habitual offenders. If they are released they will be a menace to society.”

In his Public Interest Litigation petition, advocate P. Chandrashekar Reddy challenged the notification for releasing the convicts, including hardcore and notorious criminals facing sentence of varying periods for heinous crimes.

He said the list of convicts to be released included Gouru Venkat Reddy, a Congress leader sentenced to undergo 10 years rigorous imprisonment in a murder case and who is the husband of Charita Reddy, a sitting Congress MLA from Nandikotkur Assembly constituency in Kurnool district.

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