Op/Ed: Is the Punjab Government Gearing to Release Political Prisoners? Maybe.

Punjab Government has decided to accord one time remission of sentence to convicts lodged in different jails of the state and undergoing sentence of imprisonment up to 20 years on the occasion of Independence Day, 2015. Declaring this, Mr. Sohan Singh Thandal, Jail Minister, Punjab, said the prisoners who are undergoing sentence of imprisonment for more than 10 years and up to 20 have been granted one time remission of sentence for 1 year.

Similarly prisoners undergoing sentence of more than 7 year and up to 10 years would get 9 months remission whereas prisoners undergoing sentence of more than 5 year and up to 7 years would get 6 months remission. Prisoners undergoing sentence of more than 3 years and up to 5 years would get 3 months and prisoners undergoing sentence below 3 year have been granted one remission of sentence for 1 month. Only those prisoners have been granted one time remission of sentence, who are confined in jails on 15th August 2015.

This statement was earlier released by the Goverment of Punjab on the eve of Indian Independence day.  The statement does not clarify if the remission would apply to Sikh political prisoners who were charged under TADA.  The Supreme Court had earlier passed a resolution in favour of the States to remit prisoners, as long as they were not charged by the CBI or under TADA.  In the cases of Sikh political prisoners, and generally majority of all political prisoners, TADA was used heavily by the courts.

sikh_prisonersIf political prisoners find some relief, it would be a major breakthrough for the Sikh organizations who have been battling to secure equal treatment for the Sikh prisoners.  Bapu Surat Singh Khalsa, an 83 year old Sikh activist has been struggling since January 16, 2015, to seek release of political prisoners who have served their mandatory sentences.

Punjab Government claims that it does not have the rights to release political prisoners due to the ruling of the Supreme Court.  Noted advocates and law practitioners have argued otherwise, claiming that Punjab could still grant relief to Sikh political prisoners by releasing them on long-term paroles or by recommending their release to the Central Government.

Sikh thinkers however are skeptical despite the announcement by the Punjab Government.  As a number of Sikhs and other minorities in India are going to partake in Indian Independence day celebrations by commemorating the day as a “Black Day”, it may just a gimmick to divert attention.

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