Remission of sentence short-circuiting cabinet unconstitutional
Kerala High court on Thursday declared as `unconstitutional` the procedure in the Rules of Business short circuiting the cabinet.
Kochi: Kerala High court on Thursday declared as
`unconstitutional` the procedure in the Rules of Business
short circuiting the cabinet and placing the files relating to
grant of remission, pardon or commutation of sentence of
convicts to Governor without the aid and advice of the
The court held that this provision in Rules of Business
which stipulates the manner in which remission, commutation is
to be conducted, called for amendment.
The observations were made by Justice V Ramkumar while
setting aside the remission granted by the Governor to 3
police officers convicted by a court on a charge of torturing
a couple in 1988 following some property dispute.
Allowing the writ petition by G Balachandran of Varkala,
the the high court directed the authorities to execute the
arrest warrants against the accused.
The court dismissed the petition by former Circle
Inspector of police C S Ramachandran Nair, Sub Inspector,
Zubair Kunj, and Head Constable J Abdul Kalam.
The police officials faced trial on the basis of complaint
by Balachandran and his wife Meena, who was seven months
pregnant when tortured at the police station at Venjaramood in
Thiruvananthapuram on Sept 16, 1988.
The accused policemen were sentenced to 3 months Rigorous
imprisonment and fine. However, they did not undergo the
imprisonment following the remission.
The court held that the remission passed by Governor was
`illegal` and the Governor can do so only on the aid and
advice of the cabinet.