Chandigarh: As the debate surrounding release of Sikh political prisoners in Punjab turned intense the state government Thursday (Jan. 08) moved an application in the Supreme Court for permission to consider and decide applications of life convicts seeking remissions and premature release “in the interest of justice”.
The state filed the application in the Supreme court of India, on the directions of chief minister Parkash Singh Badal, a government spokesman told media yesterday.
The state, in its application, submitted that the Punjab governor had been exercising certain powers of clemency under Article 161 of the Constitution, the spokesman said.
“The constitutional power to grant pardon or clemency is independent from the powers available with the state of Punjab under sections 432 and 433 of the Criminal Procedure Code (CrPC).
The governor and the state of Punjab have been exercising the powers in accordance with the Constitution and provisions of the CrPC, while granting remission where convicts were undergoing life imprisonment,” the application said.
However, the counsel for the state submitted in the application that in light of the orders passed by the apex court dated July 9, 2014, the state governments had been restrained from exercising the power of remission to the life convicts.
There were various cases where the life convicts had become eligible for the remission in light of the law and the rules framed in compliance with the orders of the court, it pointed out.
Instead of taking political and firm decision to release Sikh political prisoners whose cases fall within the jurisdiction of state government, the Badal govt. seems to be working on delay tactics to find escape routes.