Date:09/02/2008 URL: http://www.thehindu.com/2008/02/09/stories/2008020959501200.htm

Andhra Pradesh

Apex court slams Andhra Pradesh move to grant remission to prisoners

J. Venkatesan

Extends stay on premature release of life convicts
Normally, a life convict can be released after 14 years in jail

NEW DELHI: The Supreme Court on Friday slammed the Andhra Pradesh Government for its move to grant remission of sentence to about 1,500 convicted prisoners, including life convicts lodged in various jails in the State to commemorate the “150 years of First War of Independence.”

Acting on a petition from advocate T. Chandrasekar Reddy challenging the government orders, the Supreme Court on August 16, 2007, stayed the release of all prisoners.

On Friday, the matter came up for further hearing before a Bench of Chief Justice K.G. Balakrishnan and Justice R.V. Raveendran. The Bench after hearing counsel for the parties, while extending the stay on premature release of life convicts, vacated the stay in respect of non-life convicts.

Earlier, the CJI asked senior counsel T.R. Andhyarujina, appearing for the State, “How can you come out with a resolution to release life prisoners which is contrary to the guidelines and law?” Counsel said prisoners had been identified as various categories and would not be released automatically as a screening committee would examine each case.

The CJI pointed out that in the name of remission even those life convicts who had been in prison only for six or seven years were sought to be released.

“Under Section 302 IPC [for murder] death penalty should be imposed. But now death penalty has almost been abolished and only life imprisonment is awarded. Normally, a life convict can be released after 14 years in jail.”