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Court slams government

J. Venkatesan

Extends stay on premature release of life convicts

NEW DELHI: The Supreme Court on Friday slammed the Andhra Pradesh government for its move to grant remission of sentence to about 1,500 convicted prisoners, including life convicts lodged in various jails in the State to commemorate the “150 years of First War of Independence”.

Acting on a petition from advocate T. Chandrasekar Reddy challenging the government orders, the apex court on August 16, 2007 had stayed the release of all prisoners and had sought the State’s response.

On Friday, the matter came up for further hearing before a Bench of Chief Justice K.G. Balakrishnan and Justice R.V. Raveendran. The Bench after hearing counsel for the parties while extending the stay on premature release of life convicts, vacated the stay in respect of non-life convicts thereby giving liberty to the screening committee to scrutinise the cases.

Earlier, the CJI asked senior counsel T.R. Andhyarujina, appearing for the State, “How can you come out with a resolution to release life prisoners which is contrary to the guidelines and law?” The counsel said that prisoners had been identified into various categories and would not be released automatically as a screening committee would examine each case.

The CJI pointed out that in the name of remission even those life convicts who had been in prison only for six or seven years were sought to be released. The CJI said, “under Section 302 IPC (for murder) death penalty should be imposed. But now death penalty has almost been abolished and only life imprisonment is awarded. Normally, a life convict can be released after 14 years in jail.”

When Mr. Andhyarujina said that remission was granted under the clemency powers of the Governor, the CJI said, “clemency powers can’t be exercised contrary to law.”

When counsel said that it was a constitutional power, the CJI said “all constitutional powers are to be exercised in accordance with law. Let the Governor exercise the power. We will see whether he can act contrary to law. Prisoners are in jail because people outside should live in peace.”

When Justice Raveendran reminded the counsel that it was a virtual wholesale release of all prisoners, counsel said, “the release is not automatic. It depends on the screening committee’s recommendation on the basis of guidelines.”

The CJI said, “Tell us which committee will act against the decision of the government. We know that it (remission) will be supported by all political parties who are the beneficiaries.”

Interim stay order

The Bench made it clear to the counsel that it would not be possible to vacate the interim stay order passed on August 16, 2007 in respect of life convicts.

The Bench, however, vacated the stay in respect of non-life convicts and granted time to the petitioner to file rejoinder to the State’s reply and posted the matter for further hearing in the first week of March It asked the Solicitor General G.E. Vahanvati to appear in this case for the Centre.

After hearing senior counsel P.S. Mishra, the Bench also issued notice to the State government returnable in two weeks on an application from the petitioner alleging that police surveillance had been ordered describing him as a CPI (Maoist).

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