JOIN USThe argument put forth by the prisons department for seeking remission is that prisons are attaining more importance as transformation centres rather than places of detention.
Premature release of prisoners based on their good conduct, transformation in their conduct and attitude, etc, have been recommended by various panels and National Human Rights Commission as sufficient grounds for remission.
Prisons Minister Narayanaswamy, in the Legislative Assembly, had stated that the government was committed to release the convicts, but the governor was not willing to consider the applications.
“We have done our best to get the convicts released. There are no shortcomings from our side. Every document sought by his office has been submitted. All I can do is request the governor again,” he said.
No politician will ever say whether there are extraneous considerations other than humanitarian grounds for releasing a convict. But the fact remains that many politicians including that of the BJP, JD(S) and JD(U) have approached the governor taking up the cause of convicts.
Such repeated attempts by politicians only give room for doubts.
Well-defined procedures
Kuchanna Srinivasan, retired IPS officer who had served as additional director general of prisons, is of the view that the normal procedure to release prisoners, including convicts, is well defined in the jail manual. Instead of going through Article 161, the government itself can exercise its discretion going by the Advisory Committee’s recommendations. Releasing prisoners of good conduct used to be a routine procedure in the past, he pointed out.
“But post 2006, the expectations over following stringent rules to release convicts have gone up. In 2006, a large number of convicts were released. Many of them had not completed even 14 years of their prison term. Later, some courts made some serious observations on the release of convicts. It is but natural for the governor to be cautious now. I do not find any fault with him. Being a legal expert himself, he is being meticulous in handling the files.”
He also blames the media for giving too much importance to this issue. Rather than focusing on lack of infrastructure facilities and staff in prisons, the remission issue is highlighted, he points out.
Ashok Harnahalli, former advocate general, says that each case pertaining to convicts should be dealt with separately. There cannot be an uniform policy as such.
“Sanctioning pardon is a special power of the governor. In case a convict for life has to be released premature, there should be sound reasons. The government must submit to the governor in writing the reasons for premature release. All the required documents and information should be submitted,” he said.
Harnahalli said the governor must adopt an humanitarian approach while handling the cases. “Prisons are overflowing with prisoners. So, not taking a decision by the governor doesn’t help in any way. The State is yet to form guidelines to be followed for seeking remission. Anyhow, even that will have to be approved by the governor,” he said.
The chart above provides the names of some of the convicts and their age, a majority of them are young. The jail authorities have stated their health is ‘satisfactory’.