With a little help from Punjab Govt, look who got freedom on Aug 15

Often, after trial periods that have stretched for three-four years, involving time and money spent by investigating and other agencies.

Simply put, the system works like this: Under Article 161 of the Constitution and Section 432, CrPC, the Governor has the right to remit prison sentences. The remission awarded is for one year; if that by itself isn’t sufficient for a prisoner to walk free, the amount is deducted from the sentence. Remissions add up, like credit card points, over the years.

All perfectly legal and above board. And it’s been in practice in the state since the Beant Singh government came to power in 1992.

Explaining the rationale for the decision announced this year, Home Secretary Sanjit K. Sinha, who is also Principal Secretary to Chief Minister Amarinder Singh, said, ‘‘It’s an old scheme, even the Akali government had announced it during the celebration of Maharaja Ranjit Singh’s coronation bicentenary (April 2001). What this government has done is extend the scheme by one more year. This being the first Independence Day of the Congress government, we wanted to mark the occassion with something for everybody.’’

Manpreet Badal, spokesman for the Akalis and nephew of then chief minister Parkash Singh Badal, said the Akalis’ decision was prompted by ‘‘nothing but noble intentions’’ but refused to elaborate on what these were. He added that all governments had always enjoyed the discretion to do so and the Punjab Government was no different.

There’s no question of foul play, the government is quick to point out. It’s a ‘‘mathematical process’’, says Sinha, past remissions are taken into account and current ones added on.

A convict’s case is prepared by jail authorities, who send it to the police; the SSP reccomends the case to the DM, it goes to Home department, then the Chief Minister and finally the Governor. ‘‘Everything is according to the law.’’

Maybe, but legal experts are critical of the system. Gurdarshan Grewal, former Punjab advocate-general call remissions ‘‘an interference by the administration in judicial orders’’.

Chief Ministers giving exemption to convicts is ‘‘improper and contrary to the judicial pronouncement’’, he adds.

Noted lawyer Ranjan Lakhanpal says remissions should depend upon the gravity of the individual crimes; those who commit serious offences should not be pardoned.

‘‘How can you treat a convict accused of raping a girl at par with a person who was undergoing conviction for petty theft?’’

(With Jatinder Kaur Tur and Harpreet Bajwa)