Punjab Govt files plea in SC on release of Sikh detainees

Chandigarh, January 10

The Punjab Government has filed an application in the Supreme Court seeking permission to consider and decide applications of life convicts for remission in jail term and their premature release.

The state government said an application had been moved in the apex court on the direction of Chief Minister Parkash Singh Badal.

Sikh activist Gurbaksh Singh Khalsa had started a hunger strike more than 50 days ago at Lakhnaur Sahib Gurdwara in Ambala seeking the release of Sikh detainees. The state government has been issuing statements on a daily basis clarifying its stance on detainees.

A spokesperson for the Chief Minister said the state government had filed the application in the Supreme Court through its counsel Jagjit Singh Chabbra.

“It has been submitted before the court that the Governor of Punjab has been exercising the powers granted under Article 161 of the Constitution of India. The sovereign power to grant pardon or clemency was independent from the powers available with the state under Section 432 and 433 of the Criminal Procedure Code,” said the spokesperson.

But in light of the orders passed by the Supreme Court on July 9, 2014, the state governments have been restrained from exercising the power of remission to life convicts.

There were cases where life convicts have become eligible for remission in light of the policy framed in compliance with the orders of the court.

Punjab has not considered the cases of remission or forwarded these to the Governor because of the restraint imposed by the apex court. The applications of convicts for prayer for remission and premature release were not being considered by the state government.

“Under these circumstances, the counsel has pleaded that the court may allow the state government to consider and decide applications of the life convicts seeking prayer for remission and premature release in the interest of justice,” said the spokesperson.

Khalsa has sought the release of seven life convicts — Lakhwinder Singh, Gurmeet Singh, Shamsher Singh Gurdeep Singh, Waryam Singh, Devinder Pal Singh and Lal Singh. However, the state government has said it had no authority to take a decision because they had been convicted by courts in other states and the Union Territory of Chandigarh.

The state government had said 3,600 persons were undergoing life imprisonment in Punjab jails. Of these, only 182 life convicts had undergone the minimum sentence and their cases could be considered for premature release subject to the parameters prescribed in the state policy.