OM Prakash Chautala's parole: Fresh war of words between LG and AAP government

 The war of words between Lt Governor Najeeb Jung and ruling AAP over the parole controversy escalated on Friday with the government questioning how he knew about a second parole plea by former Haryana Chief Minister O P Chautala without the file reaching his office.

Though Jung's office was not mentioning about any second parole plea by Chautala, on Friday it claimed the LG had come to know about it "informally" and had mentioned it during a meeting with Delhi Home Minister Satyendra Jain on October 21. The AAP has been alleging that Jung was showing "undue interest" in Chautala getting parole and had pressured Jain in this regard.

After the LG dismissed the charges saying Chautala's parole plea was rejected on October 5, the AAP government had dared the LG to deny that the "pressure" on Jain was based on another parole plea. "It was brought to the notice of the Home Minister that parole case of Om Prakash Chautala is pending with the Home Department and should be processed on merit without political considerations. Delay in processing the file by the Home Department is not reasonable as the convict is 84 years old and has had medical history," a statement by LG office said.

It said that Jain had himself fixed up the meeting with Jung with the request of withdrawing 24 cases registered against AAP leaders pending in various courts including Chief Minister Arvind Kejriwal. Another meeting was held on the same issue on September 11, OSD to Jung Ajay Choudhary said. Rejecting the claim, the AAP government said it had recommended withdrawal of prosecution against a number of political leaders including from both BJP and Congress. It said the list includes Congress' Mukesh Sharma and BJP's Vijay Goel, Parvesh Verma, Vijendra Gupta and Ramesh Bidhuri.

The government claimed vindication saying the LG's statement amounts to his "admission" that he was in touch with people related to Chautala. "How did the LG know that another parole application had been filed by Chautala when the file had not even reached him?" a senior government official asked.

Jung's Secretariat said that it was obvious that Jain has tried to make "political capital" out of this reference and "has used the occasion to vent out angst at his unsuccessful attempt to push through the withdrawal of cases against AAP leaders." It said that the government's allegation that Jain was "pressurised" by Jung to grant parole to Chautala was "purely a figment of imagination".

"On late evening of October 28 again a fresh file was received from the office of the Chief Minister on the subject of OP Chautala's parole. This file contained notes from Chief Minister and Home Minister alleging that the LG had pressurised the Home Minister to consider the parole to OP Chautala," the statement by LG's office said.  Jung's office claimed that in both the meetings, Jain insisted that the file withdrawing cases against AAP leaders "should be cleared today itself and he would like to take it back personally".

"Jain asserted that it is humiliating and below dignity for their senior leaders to attend the courts on frequent dates," the statement added. Apart from the names of Kejriwal and his deputy Manish Sisodia, the names of other AAP MLAs in the list are Vishesh Ravi, Rakhi Birla, Vandana, Jarnail Singh and Kapil Mishra.

"He was advised that there should be a proper dispatch and receipt No. for such file before being formally considered within the Lt. Governor Sectt," the statement said. The LG office asserted that it is clear from the file movement that the file regarding parole of Chautala was received in the Delhi Home Department on October 9 and it was kept pending by Jain till October 23 and sent to Chief Minister on October 28.

"The assertion on the part of the Minister that he was pressurised for granting of parole is a shocking distortion of facts and deliberate manipulation to make it a political issue and settle political scores," the statement said.

The LG office also noted that parole applications of the Haryana Chief Minister's son Ajay Chautala has been twice rejected by Jung on May 6 and October 26. "In this episode, an attempt has been made to present a distorted view of criminal justice system for political gains."

"The present file related to parole of OP Chautala has now been received on 28.10.15. The same shall be considered on merit and as per the law of the land. Under the law, Lt.
Governor is the competent authority for taking final decision on accepting or rejecting the applications by convicts for parole," it said.

On LG's assertion that Jain met him with the request of withdrawing cases against AAP MLAs, the government said compoundable cases against political leaders or workers are never withdrawn on executive orders and it is clear that no minister is involved in this process.

It said that the committee, comprising senior government, police officials and director of prosecution, merely recommends that compoundable cases are fit for withdrawal and the final decision wrests with the judiciary. "Therefore the office of the LG has made an unsuccessful attempt to divert attention from the real issue of Chautala's parole." "The cases that are considered by this committee are generally those of a political nature and hence related to political dharnas, agitation, defacement of property and are not serious/heinous crimes.

"It is clear that no minister is involved in this process, therefore the office of the LG has erred in making this incorrect allegation," the government said.

It added that the government is actively considering a proposal that the entire process be decentralised and a committee be formed under each of the 11 revenue districts comprising the DM, DCP, Chief Prosecutor and SDM concerned.

On LG's assertion that Jain met him with the request of withdrawing cases against AAP MLAs, the government said compoundable cases against political leaders or workers are never withdrawn on executive orders and it is clear that no minister is involved in this process.

It said that the committee, comprising senior government, police officials and director of prosecution, merely recommends that compoundable cases are fit for withdrawal and the final decision wrests with the judiciary. "Therefore the office of the LG has made an unsuccessful attempt to divert attention from the real issue of Chautala's parole." "The cases that are considered by this committee are generally those of a political nature and hence related to political dharnas, agitation, defacement of property and are not serious/heinous crimes.

"It is clear that no minister is involved in this process, therefore the office of the LG has erred in making this incorrect allegation," the government said. It added that the government is actively considering a proposal that the entire process be decentralized and a committee be formed under each of the 11 revenue districts comprising the concerned DM, DCP, Chief Prosecutor and SDM.