Date:17/08/2007 URL: http://www.thehindu.com/2007/08/17/stories/2007081761941000.htm

Tamil Nadu

Court stays release of 1,500 prisoners in Andhra Pradesh

J. Venkatesan

No person shall be released under the said Government Orders: Bench

Bench gives the State two weeks to respond
Counsel says even those serving life-terms are sought to be released

New Delhi: The Supreme Court on Thursday stayed the release of about 1,500 convicted prisoners lodged in various jails in Andhra Pradesh pursuant to a notification issued by the State Government granting remission of sentence to commemorate the “150 years of First War of Independence”.

A Bench of Justice B.N. Agrawal and Justice D.K. Jain in a brief order said that it would be open to the Committee (constituted by the Government) and the competent authority to complete the exercise of examination of the cases of each of the convicts as per the two G.Os Ms. No. 196 and 197 dated August 7 and make the recommendation but no person should be released under these G.Os.

Observing that it was a serious matter, the Bench issued notice to the State Government seeking its response in two weeks and rejoinder in two weeks by the petitioner and directed listing of the matter after four weeks.

Appearing for the petitioner, senior counsel P.S. Mishra brought to the notice of the court that even those who were serving life imprisonment were sought to be released after completing seven years of sentence as against the normal sentence period of 14 years for life convicts.

Appearing for the State, Additional Solicitor-General Gopal Subramanian said that two GOs had been issued, one relating to life convicts and the other in respect of others. He said the Government had constituted a committee to examine each case and make its recommendations, which would be forwarded to the Governor for appropriate action. He said that such G.Os were issued in 2003.

The Bench said: “That the illegality perpetrated in 2003 cannot be a ground to continue the same illegality again. They [the G.Os] have to be kept in abeyance. You have to see the nature of offence.There may be habitual offenders. If they are released they will be a menace to society.”

Advocate P. Chandrashekar Reddy had challenged the notification for release of the convicts, including hardcore and notorious criminals.