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No mercy on religious grounds: SC
Court quashes Andhra governor’s mercy to criminal Islamic scholar.
Updated : Nov 19, 2013, 11:17 PM IST
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The Supreme Court has ruled that jailed offenders cannot be let off prematurely on grounds of religion, political affiliation or caste. Moreover, a convict who absconded before or during trial, on expiry of bail, cannot be given the benefit of mercy, the court held.
Reiterating its power to examine mercy orders or commutation of sentences passed by the executive through a governor or the president, a bench of justices SB Sinha and Mukundakam Sharma quashed the Andhra Pradesh governor’s order commuting the five-year jail sentence awarded to S Kazam Pasha on the charge of trespass, intimidation and robbery.
Kazam Pasha remained absconding even after the sentence. After he was taken into custody, the state DGP recommended his premature release under Section 433 CrPC.
Taking note of the omissions made by the DGP and other officers regarding Pasha’s antecedents, the bench held “the executive clemency may not be extended to a law-disobeying citizen who did not surrender before trial court. This vital aspect has been completely ignored by the Andhra Pradesh government, which, without any application of mind, accepted the reports submitted by different functionaries in undue haste and finished the entire exercise within a week of request for commutation.”
Judges also noted the reports submitted by DGP, the probationary officer and the Hyderabad collector affirming Kazim Pasha as a qualified Islamic scholar preaching religious and communal harmony in the country and suffering from multiple medical ailments. He has also cooperated with the police to maintain peace in the city and does not have any political connections. Besides, there is no risk to law and order if his sentence was commuted.
Quashing the HC’s judgment that reduced the five years jail to six months, the apex court said that an appropriate government must not indulge in exercise of powers to grant clemency as a matter of routine and at “its sweet will, pleasure and whim or fancy”. The court ordered Pasha’s re-arrest to undergo the sentence.
