The Supreme Court has ruled that the government cannot release a convict on considerations of religion,caste or political loyalties as the same had to be done keeping in view public interest and society. "While exercising such power (to release),relevant facts necessitating the commutation and the interest of the society and public interest must be reflected and well established. "The exercise of any power vested by the statute in a public authority is to be always viewed as in trust coupled with a duty to exercise the same in the larger public interest and social interest," a bench of Justices S B Sinha and Mukundakam Sharma observed. Citing its earlier judgements,the apex court said "Consideration of religion,caste or political loyalty of a convicted person for the purpose of commutation of his sentence are to be prohibited grounds". The apex court passed the ruling while setting aside a release order passed by Andhra Pradesh government in favour of an Islamic scholar S Kazam Pasha who was convicted and sentenced to two years imprisonment in a criminal case in Hyderabad. The state had released him by imposing a mere fine of Rs 5,000 on the ground that he was a "qualified Islamic scholar",had worked for communal harmony in the city,was part of the local peace committees and was suffering from various ailments. The apex court said there was no material on record brought by the state government to show that Pasha was really suffering from various ailments that warranted his premature release. The bench said the power of commutation cannot be exercised in favour a convict who has disobeyed the law with impunity by absconding even after being directed by the high court to serve his sentence. Hence,it quashed the government and restored the original conviction and sentence imposed by the trial court. Though Pasha was sentenced by a trial court to two years imprisonment for robbery,criminal trespass and rioting at Moghalpura area on June 10,1990,in a property dispute case,the Andhra Pradesh High Court reduced the sentence to six months imprisonment. Subsequently,the state government,using its powers under Section 433 CrPC,imposed a fine of Rs 5,000 on Pasha and ordered his release. Aggrieved by the release,complainant and the victim Mohammed Ishaq had approached the apex court with an appeal. Upholding the appeal,the apex court noted that the high court had directed Pasha to surrender on January 29,2007,but he absconded and surrendered only on April 16,2007. During the period when he was absconding he also drew salaries from his employer but did not surrender. "(Pasha) is stated to have been drawing his salary during the aforesaid period when he was absconding,which unmistakably shows his callous attitude towards rule of law. The executive clemency may not be extended to a law disobeying citizen who did not surrender before the trial court as mandated by law. This vital aspect has been completely ignored by the Andhra Pradesh government which,without any application of mind,accepted the reports submitted by different functionaries in undue haste and finished the entire exercise within a week from the date of request of commutation," the apex court observed in a judgement.
