By IANS
New Delhi : The Supreme Court Friday censured the tendency of political parties in power to remit the sentences of hardened criminals on occasions like Independence Day, saying that even constitutional authorities cannot exercise their power to grant clemency illegally.
While hearing a public interest suit opposing the Andhra Pradesh government’s move to free 1,500 prisoners last Independence Day, a bench of Chief Justice K.G. Balakrishnan also sought the union government’s stand on the issue.
The court also threw out the Andhra Pradesh government’s plea to let it free the prisoners to mark the country’s 60th Independence Day. It had failed to do so following the court’s intervention last year.
“These orders (Andhra Pradesh government’s) are virtually for wholesale release of prisoners,” said the court censuring the government’s order, which had been stayed by the court on Aug 16 last year. The bench also included Justices R.V. Raveendran and J.M. Panchal.
“We know that it (release of prisoners) will be supported by all political parties that will be benefited by it,” said the chief justice.
As the Andhra Pradesh government counsel T.R. Andhyarjuna sought to defend the decision saying it was the governor’s constitutional power to grant clemency, the chief justice ticked him off, with: “Your clemency powers cannot be contrary to the law.”
“All the constitutional powers ought to be exercised in accordance with the law,” snapped the chief justice, adding: “Let the governor exercise this power, we will see how he can act contrary to the law.”
Slamming the state government bid to free the prisoners, the chief justice said: “Why are the prisoners in jail? So that people can live in peace.
“How can a person sentenced to life imprisonment be released after remaining in jail for merely six or seven years,” the chief justice asked.
“Normally for the offence of murder, death penalty is awarded. But now the death penalty has almost been abolished and only life sentence is awarded and the prisoners have to be in jail for at least 14 years,” the chief justice said.
He asked the union government’s law officer, Solicitor General G.E. Vahanvati, to be present on the next date of hearing in the first week of March, saying: “Let the union government too be made party to this case. It involves an important question of law.”
On Aug 16 last year, acting on a Pubic Interest Lawsuit by advocate R. Chandrashekhar Reddy, a bench of Justices B.N. Agarwal and D.K. Jain had stalled the state government’s move to free 1,500 prisoners.
On Friday, the bench of the chief justice eventually modified the court’s order last year and allowed the cases of prisoners with lesser sentences to be examined by the government’s screening committee for release.
The bench slammed the state government for dubbing Reddy as a Maoist.
The Additional Superintendent of Police (Operations) of Medak district had on Oct 25 last year issued an order for “surveillance over movements and activities of advocate Reddy”, saying: “he is among important cadres of cover/front organisations of the Communist Party of India-Maoist”.
“Somebody files a PIL and the next day you put him under surveillance,” remarked the chief justice, and issued notice to the state government seeking its explanation on why Reddy was put under surveillance.