SC seeks response from TN on PIL over release of prisoners

The Supreme Court on Monday sought a response from Tamil Nadu on a plea seeking transfer to the apex court of a PIL filed in the Madras High Court challenging premature release of 1,405 convicts, including 22 women by the state. A bench of Chief Justice K G Balakrishnan and Justice P Sathasivam issued notice to the State after former Union Minister Subramaniam Swamy submitted that a similar challenge against the Andhra Pradesh Government's decision to release convicts prematurely was pending before the apex court. He submitted that the matters be heard together to avoid any conflicting judgement and wastage of time. The petitioners in both the cases have contended that the exercise of the power under Article 161 of the Constitution by the Governor was tainted with political favouritism and lack of bonafide reasons. The petitioners had alleged that the government order relating to the release of prisoners was mainly to facilitate release of party men of the ruling dispensation by either misusing the power or by using the political will of the ruling party to get the sanction of the governor in complete ignorance of the law. It was alleged the state government had not placed the relevant materials before the Governor who granted the permission to release the convicts, serving various terms of punishment. The Tamil Nadu government had reportedly released those prisoners who have either completed seven years of jail term as on 15th September or are above 60 years of age and have completed five years of prison term.

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