The Kerala High Court on Thursday asked the State government to explain why it “irresponsibly commuted” the sentences imposed on David Lally of Malayankeezhu “under Section 326 of the Indian penal Code and conferred at all levels.”
The order was issued by Justice P. Ubaid on a petition filed by K. Rajeev Pillai of Adoor. The court asked the public prosecutor to file a report on the “compelling circumstances in which the sentence against the respondent was commuted by the government on application. The State will also submit why the extraordinary jurisdiction cannot be exercised in the matter,” the court said.
According to the petitioner, the Judicial First Class Magistrate Court, Neyyattinkara, had sentenced Lally in 1990 to undergo rigorous imprisonment for two years and a fine of Rs.1,000 for causing grievous hurt to a person.
The sentence was confirmed in appeal and the subsequent criminal revision petition filed by the respondent was also dismissed. The respondent remained as a fugitive of law at large for nearly 17 years and managed to stay out of jail by exercising his clout as a politician, he said.
In 2011, the respondent filed a special leave petition before the Supreme Court, which was also dismissed.
His review petition was also dismissed by the apex court which directed him to surrender. However, the respondent did not surrender and again became a fugitive at law.
He filed a representation before the government for commutation of his sentence without even surrendering to undergo his sentence, the petitioner said.
The petitioner stated that Lally had suppressed the fact that he had criminal cases and warrants pending against him and the police gave a false report that no criminal cases were pending against him. Despite the Principal Secretary to the government rejecting the request for commutation of the sentence, on the special interest shown by the State Chief Minister and the Home Minister allowed the commutation of the sentence, he said.
