Tamil Nadu government’s award to at least 1,405 prisoners who have undergone imprisonment between five to seven years by releasing them from incarceration.
NEW DELHI: Tamil Nadu government’s award to at least 1,405 prisoners who have undergone imprisonment between five to seven years by releasing them from incarceration to mark the birth anniversary of ruling DMK party’s founder CR Annadurai in 1949 may not survive judicial scrutiny.
The Supreme Court, which is already seized the petition challenging the powers of governments and governors to grant remission or pardon to convicts, has also ruled against using this power for various considerations including political ones. The Supreme Court in February this year slammed the Andhra Pradesh Government that’s known for showing sympathy to prisoners including murderers by granting them pardon. It stayed the release.
Judges took umbrage at the state’s move to grant remission of sentence to about 1,500 convicted prisoners, including life convicts lodged in various jails in the state to commemorate ‘150 years of First War of Independence.’ “How can the state come out with a resolution to release life prisoners which is contrary to the guidelines and law?” said Chief Justice KG Balakrishnan.
Though the state has power to grant remission and order release of prisoners who haven’t completed their statutory sentence has been upheld by the court it has made it known that President or a Governor can’t grant pardon or clemency to a convicted person on the ground of religion, politics or due to any extraneous consideration.
The power of ‘prerogative’, as the court termed this reprieve mechanism must not violate the rule of law. The high constitutional authorities such the President or a Governor must consider the impact of their decision on the victims’ families, society as a whole and the precedent it sets for future.
This significant judgment that is contested so far was passed by a Bench of Justices Arijit Pasayat and SH Kapadia on a petition by the family members of a victim who was murdered by a “good Congressman” in Andhra Pradesh. Union Minister and former Maharashtra Chief Minister Sushil Kumar Shinde was the governor who signed the pardon order for one convict Gowru Venkata who had been sentenced to 10 years imprisonment only a year ago.
Moreover, the ruling Congress government found him alone the meritorious prisoner who could be bestowed with mercy as he, the government said, was “a good Congressman”. Former Attorney General Soli J Sorabjee argued that “considering the frequency with which pardons or remission are being granted, in the present political scenario of the country, it would be appropriate to lay down guidelines” to check misuse of powers under Articles 72 and 161 of the Constitution by the President and Governors respectively.
It may be noted that Tamil Nadu claims itself to be a state where jails aren’t overpopulated. According to sources, against a capacity of 20,321 prisoners only 18,298 inmates are housed in Tamil Nadu’s jails.
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