Kerala: Remission in shadow of favouritism

THIRUVANANTHAPURAM: Remissions to prisoners had often triggered allegations of favouritism being shown by respective governments. The remission granted by the previous UDF government to Kerala Congress (B) leader R. Balakrishna Pillai and the present row over move to grant remission of T.P. Chandrasekharan murder case convicts as well as Chandrabose murder case convict Mohammed Nissam are the latest instances of remissions triggering controversy. According to prison department sources, there are provisions for release, ordinary remission and special remission for prisoners as per Article 161 of the Constitution, CrPC 432 and 433.

Ordinary remission is recommended by the prison advisory boards and the Director General of Prisons (DGP) is entitled to grant it, subject to government nod. Special remissions are announced by the government on special occasions like Independence Day, Republic Day and State Formation Day. The government will prescribe conditions of the categories of prisoners not eligible for remission and term of remission. The list prepared by Prison Department would be sent to Governor for assent after being vetted by the Cabinet. Release on compassionate grounds also require the governor's assent.

Over the years, special remissions were granted on six occasions, the latest being in 2012. The remission granted in 2011 was one of the most controversial ones as there were allegations that it was aimed at releasing Balakrishna Pillai who was sentenced to one year in the Idamalayar corruption case. About 2,500 persons received the benefit of the remission. While it triggered a row, the then UDF government justified the action citing that the LDF government that preceded had granted remission thrice and more than 7,000 prisoners got the benefit. In 2013 the UDF government granted remission to Naxal Varghese murder case accused former inspector-general K. Lakshmana as well as three others on the grounds that they crossed the age of 75 and were also unhealthy.

The CBI had even moved the Supreme Court against the remission granted to Lakshmana citing that though he was sentenced to life term, he was granted remission after undergoing only two-and-a-half year sentence. A move by the previous UDF government in 2015 to grant remission to about 2,500 prisoners suffered a set back as Governor P. Sathasivam sought specific details of each prisoner. Though there were allegations that T.P. Chandrasekh-aran murder case accused K.C. Ramacha-ndran and P.K. Kunhan-andan also found a place in the list, UDF sources maintain that the list approved by the then Cabinet did not contain any accused in TP murder case. Remissions are also often justified by the governments as a measure to decongest the prisons that are over populated compared to sanctioned capacity.

Officials cite norms to justify list

Convicts in sensational murders managed to get into the list of 2,000 odd prisoners recommended by the prison department for remission allegedly owing to loopholes in the remission norms being followed by the state. According to prison department sources, as per the norms suggested by the government for remission, those convicted for life term were also eligible for one year remission.
Hence lifers, including the 11 convicts in the T.P. Chandrasekharan murder case, Chandrabose murder case convict Mohammed Nisham and some of other convicts in sensational cases, got into the list of 2,262 prepared by the prison department. As per norms, prisoners having substantive sentence for three months and above are eligible for remission.

Meanwhile, there are also allegations that the unholy nexus between prison department officials and high profile convicts also paved way for this embarrassing situation. “The list of prisoners eligible for remission under the conditions prescribed by the government are prepared by respective jail superintendents. Basic qualification for getting into the list is good behaviour by the prisoner. Usually convicts with political clout or money power would not be in the bad books of prison officials and hence they would easily get into the remission recommendation lists,” a former prison official said.

The government had prescribed that those convicted for professional and hired murders are not eligible for the special remission. The verdict in the T.P. Chandrasekharan murder case said that ‘accused one to seven were tools in the hand of persons who entertained political enmity towards the deceased’. However the verdict also said that the sentence of life imprisonment would be for the whole of remaining life, subject to remission by government. This paved the way for the the TP murder case convicts into the remission recommendation of the prison department. It is reliable learnt that the Chief Minister had struck off the names of nine persons, including Mohammed Nisham and Apriani Krishnakumar case accused Om Prakash, citing that action were initiated under Kerala Anti Social Activities Prevention Act against them.