The Tribune, January 17, 2004

SC notice to Haryana on clemency to convicts
Our Legal Correspondent

New Delhi, January 16
The Supreme Court today issued a fresh notice to the Haryana Government on a new petition challenging premature release of several hardcore criminals as per its 2001 decision granting clemency to the convicts, including those serving life sentence in murder cases. A Bench of Mr Justice S. N. Variava and Mr Justice H. K. Sema, which had on September 26, 2003 stayed premature release of convicted prisoners and issued notice to Chief Minister Om Prakash Chautala and the state government, today issued a fresh notice to them for filing affidavits within six weeks. Further time for filing reply to the previous public interest litigation (PIL) by advocate Anil Sharma and the new petition by the Society for Human Rights and Civil Liberties (SHRCL) was given by the court after Haryana’s counsel D. P. Singh submitted that the state government needed more time to file its affidavit.

The SHRCL in its letigation alleged that the Haryana Government on May 24, 2001 had recommended “clemency” to several life convicts before completing the 14 years of jail term and consequently on July 18, 2003 the Cabinet had approved premature release of nine life convicts sentenced for heinous crimes in “violation” of the apex court guidelines. The government had released life convicts after their serving three to four years of sentences even when their conviction was confirmed by the Supreme Court, the SHRCL in the PIL, filed by its lawyer Kailash Chand, said. Even government jobs had been given to some of the convicts, who were let off on the ground that jails were “overcrowded”, they needed to look after their ailing parents and had responsibility of their wives and children, the SHRCL claimed.

When the court had issued notice to the state government on previous date on Anil Sharma’s litigation, senior advocate G. L. Sanghi, arguing the matter on his behalf, had alleged that since the Indian National Lok Dal (INLD) Ministry, headed by Chautala, had taken over, nearly 275 criminals involved in heinous crimes had been let off.

The SHRCL said it was not only the Chautala government that had released convicts but former Chief Ministers Bhajan Lal and Bansi Lal had also remitted the sentences of nine convicts during their tenure.

The petitioner claimed that some of the released hardcore criminals had again indulged in heinous crimes, including murders. “It is pertinent to mention that one released convict, Satbir, who is a son of INLD President of Pehowo Block had said the government gave me the justice that the court had denied,” the litigation alleged.