SC slams Andhra on release of prisoners

“People have a right to peaceful life,” said the Bench, also comprising Justice R V Raveendran.

The court was hearing a petition filed by an advocate, R Chandrashekar Reddy, who had challenged two Government Orders (GO) dated August 7, 2007, wherein the state Government had decided to grant remission of sentence to a large number of prisoners, including life convicts. Seeking withdrawal of the said GOs, the petitioner argued how the exercise of such powers by the state Government was in conflict with provisions of law.

Earlier, the apex court had ordered an interim stay on the release, forcing the state to come out with two modified GOs. According to Ajoyendra Pyal, Principal Secretary, AP Government, “the GOs were issued after framing guidelines and setting up of high-level committees for considering the cases of eligible prisoners who fit the scheme.”

“It is not possible,” the court said, and reminded the state that the remission to prisoners is granted on the basis of the report of the jail committee which examines each case in accordance with the established guidelines. “How can remission be granted to life convicts who have only served seven years in jail,” the court asked.

The Bench, which maintained its stay only on the release of prisoners serving life sentence, sought the assistance of Solicitor General G E Vahanvati in the matter and posted the case to March, saying: “We will see whether we can release prisoners contrary to the provisions of law”.