M A I N   N E W S

SC stops premature release of convicts by Haryana
S. S. Negi
Our Legal Correspondent

New Delhi, September 26
Taking serious view of the alleged en masse remission of the sentences of criminals by the Om Prakash Chautala government in Haryana to facilitate their premature release from jails, the Supreme Court today put a bar on any such release in future.

A Bench comprising Mr Justice S. N. Variava and Mr Justice H. K. Sema granted an interim stay on the release of the convicts, who allegedly included a large number of hardened criminals awarded life sentences, and issued notices to the Chief Minister’s Secretariat and the Chief Secretary seeking their replies.

The issue was brought before the court in a public interest litigation (PIL) by advocate Anil Sharma, who alleged that the government “has recommended the premature release of life convicts just to appease his political cadres”.

Since the Indian National Lok Dal government assumed power in July ,1999, a total of 275 criminals ,involved in heinous crimes, had been let off by it, senior advocate G. L. Sanghi, appearing for the petitioner said.

He further alleged that the state government was planning to release another batch of 165 convicts and pleaded the court to stop the “illegal” act of the government.

The petitioner, who had enclosed a list of all 275 criminals released by the state so far told the Bench that even a murder case convict, whose appeal had been rejected by the apex court and his plea for grant of pardon had also been turned down, was released on August 27, 2001, after he had served two years, 11 months and 14 days in jail. Similarly the state Cabinet at a meeting on May 24, 2001, had recommended clemency to three criminals who had been awarded life sentences in murder cases, the petitioner claimed.

The criminals serving life imprisonment had been let off in violation of the law and the apex court ruling in various cases, in which it has been clearly laid down that “no life convict can be released prematurely”.

Though the government has a right to grant clemency to the convicts sentenced for a certain category of offences which did not fall within the category of heinous crimes, the Haryana Government had done this in “complete violation” of the provision of Section 433-A of the Code of Criminal Procedure giving such power to the state, the petitioner’s counsel argued. The petitioner had also annexed various media reports on the release of prisoners by the government since it came to power.