Governor P Sathasivam stalls mass pardon for prisoners

THIRUVANANTHAPURAM: Governor P. Sathasivam has  put his foot down on the state government's move  to grant remission to prisoners in connection with the Independence Day celebrations.

The state cabinet on August 12 had recommended to the Governor to grant remission ranging from one year to one month based on the term of conviction, which  would have benefited over 1,000  prisoners. But the Governor has returned the file seeking the details of each prisoner who would get the benefit of the remission.

The development was confirmed to DC by additional chief secretary Ms. Nalini Netto.  She said that the government was yet to take any further steps on the matter.

It is learnt that the  action of the Governor, a former Chief Justice of India, came in the wake of widespread allegations of  the government  misusing the provisions of remission over the years.

As per norms,  general remissions are usually granted on  special occasions. Incidentally, Kerala Congress (B) leader R. Balakrishna Pilla, who was granted remission by the present government, was jailed for a year in the Idamalayar case by a Supreme Court bench comprising  Justice  Sathasivam.

Over 2,000 prisoners had benefited by the general remission granted in 2011 on the occasion of the 55th anniversary of ‘Kerala Piravi day’, though it was  criticised as a ploy to help  Mr. Pillai who was then a part of the UDF coalition.

Meanwhile, prison department sources said that it was not practical to give the detailed profile of each prisoner and the remission they should be given. 

“It was  a normal practice being followed over these years to grant general remission based on the term of conviction and not by considering the profile of each prisoner,” said sources.   The Governor's office was not available for comments.

The government’s decision was to grant remission of one year to those undergoing life term, five months (for jail term of five to ten years), four months  (two to five years), three months  (one to two years), two months  (six months to one year) and one month  (three to six months).

Those convicted for crimes against women and children, drug trafficking cases, riot case accused and habitual offenders were not eligible for remission.    

Remission under cloud

The provision for  remission of prisoners has often been misused by the governments.  For instance, the Tamil Nadu government’s decision to  grant remission to the convicts in the Rajiv Gandhi assassination case had become highly controversial.

In Kerala, both the  UDF and  LDF governments have  been granting remissions triggering  allegations of favouring political prisoners.

General remission has to be given only on special occasions  and the courts have often cautioned the governments. 

“Wide as the power of pardon, commutation and release is, it cannot run riot; for no legal power can run unruly like John Gilpin on the horse but must keep sensibly to a steady course,”  the late  justice V.R. Krishna Iyer once observed in a petition related to remission.

Kerala Congress (B) leader R. Balakrishna Pillai was blessed with remission on political considerations some time ago. Despite being sentenced  to one-year rigorous imprisonment in the Idamalayar corruption case, Pillai   spent only 69 days in prison and 87 days of  ‘sentence’ at a multi-specialty hospital citing illness, before he was released under a  general remission by the UDF government.

Though the general remission was declared by the government citing the 55th anniversary of Kerala Piravi day, it was alleged to be a move to facilitate the release of Mr. Pillai who was then a part of the ruling Congress-led UDF alliance.

However,  it also paved way for the release of 137 other prisoners and over 2,000 got the benefit. Similarly,  former IG K.Laxmana also was freed  on health grounds.

During the term of the CPM-led LDF government, about 7,000 prisoners benefited from  three rounds of general remissions.

There were many instances of governments ordering the remission of persons of their interests, prisons department sources confide.

Remission is granted by invoking Articles 72 and 161 of the Constitution  as well as the provision of the Code of Criminal Procedure and Kerala Prisons and Correctional Services (Management) Act, 2010.

“Remission is good  provided it is applied fairly by the government,” said former DGP (Prisons) Mr. Alexander Jacob. “The provisions to earn remission through good conduct and in compensation for wages earned in prisons indeed give hopes to the prisoners,” he added.

Prison officials often welcome remission as it would ease the congestion in prisons. Even now the state prisons have 7,213 inmates against an authorised capacity of 6,217. 

“Overcrowding of prisons is a serious issue that we have  been facing and hence remission is a solution to this as it would pave the way for decongesting the prisons over a period of time. Hence, the prison department would  prefer frequent remissions unless the capacity of prisons is enhanced,” said a prison department official.