Amidst demands by the human rights and other Sikh organisations for the release of Sikh detainees who have outlived their jail tenure, the Punjab police on Wednesday claimed the absence of any such prisoner in the State’s jails.
State Director General of Police (DGP) Sumedh Singh Saini, while referring to the demand for release of seven Sikh detainees raised by Sikh activist Gurbaksh Singh Khalsa — who has been observing fast since past 55 days demanding their release, maintained that none except one is in the State jail. “Six prisoners mentioned in the list of seven Sikh detainees, are out of Punjab, and we have no jurisdiction on them. One of them is lodged at Nabha jail, but the state government has no jurisdiction over him as he is the prisoner of Gujarat Government who has been transferred here,” clarified Saini.
At the same time, the Shiromani Akali Dal (SAD)-led Punjab Government is also planning to approach the Supreme Court to seek the pre-mature release of Sikh detainees, who were eligible for the same, against its order restraining all the State Governments from ordering pre-mature release of prisoners. The apex court, in its July 2014 order, had held that the State Governments “are restrained from exercising power of remission to life convicts”. “These directions are binding on every State including Punjab. As such, since issuance of these orders of the Supreme Court, no pre-mature release can be ordered by the competent authorities in Punjab, and the matter is presently pending before the Constitutional Bench of Supreme Court,” said Saini.
He went on to add that the State Government, after examining the matter at its level, has decided to move an “appropriate application” before the Supreme Court praying for an early decision. Already, CM Parkash Singh Badal has shot off communiqués to his counterparts in Uttar Pradesh, West Bengal, Rajasthan, Karnataka, Gujarat, besides the authorities concerned in Delhi and UT of Chandigarh, seeking premature release of 13 life convicts hailing from Punjab, presently lodged in their jails for the past several years. However, Saini said that the SC order binds all the States from ordering pre-mature release.
Besides, the SAD has also decided to take up the issue with the Central Government, and a delegation of party’s senior leaders would soon meet the Union Home Minister. The State Government’s attempt to salvage its image became apparent when the top cop admitted that he has been asked by the powers-that-be to “clarify” and give the “factual position” of the state on the issue of Sikh prisoners. “I am a Government servant and here on the directions of the political bosses…i am here to clarify and give the factual position on the matter as there is a lot of misinformation in the media regarding the same,” said Saini.
Saini, making State’s stand clear, said that there are 3,600 prisoners undergoing life imprisonment in the State’s jails. Out of them, 182 are those who have undergone the minimum sentence and can be considered for pre-mature release, subject to the parameters prescribed in the policy. “A vast majority of them have not undergone the minimum prescribed sentence to become eligible for consideration for pre-mature release,” he said, adding the pre-mature release was a concession given by the competent authority and was not a matter of right.
“life imprisonment means that the convict would have to spend his entire biological life in jail. However, different States have their policies for pre-mature release of the life convicts,” he said. In Punjab, there are four categories under which a prisoner could be considered for pre-mature release depending upon the gravity of the offence. Talking about a list of 120 Sikh prisoners given by Jaspal Singh Manjpur, Saini said: “34 have been released on bail, they are not in jail. 12 persons have been acquitted; they are also not in jail. Three have been transferred to other states, 22 are outside state, and thus we have no jurisdiction over them regardless of whether they are convicts or under-trials in jail or on bail.”
“Among remaining, 16 are under-trials who have the right to apply for bail and are in judicial domain, 17 are short-termers and Jail Superintendents immediately release the moment they complete sentence, eight have been awarded life imprisonment and one who has been awarded a death sentence…out of these eight, three are from outside Punjab,” he added.
Saini said that out of the remaining five, only two have completed the minimum sentence after which they can be considered for pre-mature release. But we cannot consider the same as there cases are also covered by SC order. It may be mentioned that Bhai Khalsa is on fast for the second time demanding release of at least seven convicts. Earlier he gave up his fast in December, 2013 on the assurance given by Akali Takht Jathedar Giani Gurbachan Singh. However, the issue kept on hanging and then came the SC directive restraining pre-mature release.