BANGALORE: Governor H R Bhardwaj has again turned down the remission of prisoners on good behaviour. His contention: “There was no public interest or general welfare of the people in releasing criminals jailed for heinous crimes like murder and rape.”The latest is the list of 135 members which the prisons department wanted to release on Republic Day (January 26, 2012). The Governor, however, has pardoned an aged person serving life imprisonment on health and age grounds.In the last three years, the government had recommended around 1,000 people to be remitted on good behaviour, on Republic Day and Independence Day. “I am bound by the Supreme Court verdict that public consideration and general welfare should be the sole criteria for remission and paradon,” the Governor told Express stating that as a former law minister he would go by “Rule of law”.An upset Prisons Minister M Narayanaswamy, however, questioned the rationale of the Governor’s stand and pointed at neighbouring states where prisoners are released during National Holidays. “When Tamil Nadu, Andhra Pradesh and Kerala and several other states are releasing prisoners, why can’t our Governor do it. Does the Apex Court verdict apply to only Karnataka?” he asked.Narayanaswamy said that he was seeking information from other states on under what grounds prisoners were being released before recommending to the Governor in August 2012.” But Senior Supreme Court counsel Brijesh Kalappa said that the Governor was within his right to deny remittance. Referring to Article 161 of the Constitution (Power of Governor to grant pardons, etc., and to suspend, remit or commute sentences in certain cases) he said that the Governor need not abide by the recommendation of the council of ministers. “This is a special power of the Governor,” he said.The Apex Court in the case State of Haryana vs Mahendra had stated that the President and the Governor are the sole judges of sufficiency of facts in extending or declining the clemency or remission.
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