No remission without finishing term: Kerala High Court

Kochi: The Kerala High Court on Wednesday directed the state government that no convict should be released without serving the sentence awarded by the respective trial courts till further orders.

The court was considering a petition filed by Thrissur-based litigant  P.D. Joseph seeking a directive to the state government not to release the convicts involved in brutal crimes, including murder, rape and dacoity, from jails.

The court directed the  government to file a comprehensive counter-affidavit explaining the statutory provision dealing with the remission of prisoners.

The court also asked it to inform it of the details of jail manual and its policy decisions in this regard. Mr Joseph also sought a directive to the government to produce the list of convicts who are supposed to be released. He submitted that an RTI information had revealed that the government had prepared the list of CPM men serving life-term for the murder of T.P. Chandrasekharan among those eligible for granting remission. The list also included the names of Muhammed Nisham, who was convicted for murdering a security guard, and gang leader Om Prakash, an accused in the Paul George Muthoot murder case. He argued that the Constitution  guarantees equal protection and security to the life and property of all citizens,  but the state government had  no sincerity in protecting the citizen's rights.

He  contended that the decision of the state government to release the  convicts in political killings will lead to more political goondaism and  disturb the peaceful life of the people. The home department did not consider the increasing political violence and the present threat to life and the freedom of common man. "Only those who are suffering from deadly diseases   has a right to be released for medical treatment," the plea said.