The State government on Friday filed a petition in the Kerala High Court seeking an early hearing on its application for modifying the court’s restraint order on the release of convicts who had been granted special remission of their sentences.
Through an interim order, the High Court had restrained the government from releasing the convicts who were granted remission without the permission of the court. The interim order had also directed the government to place the order of the Governor on the grant of the remission before the court. The government said in its petition that it was unable to grant remission of sentence to 739 convicts as Governor P. Sathasivam had returned the file saying that the court’s interim order had encroached on the clemency powers of the Governor enshrined under Article 161 of the Constitution.
The Governor had said that the power of remission provided under Article 161 of the Constitution should always remain untouched. The court could not exercise its judicial power to review the decision of the Governor. The Governor, therefore, had asked the government to approach the High Court seeking to modify the interim order.
The government pointed out that the Cabinet subcommittee constituted to examine cases of remissions had found that 739 convicts were eligible for special remission.
The committee had recommended special remission on the basis of certain guidelines such as conduct of prisoners in jail and social-economic condition of the convicts’ family.
