Governor comes to aid of state govt facing contempt of court for not releasing prisoner

THIRUVANANTHAPURAM: Governor came to the aid of the government which faced contempt of court for not releasing a prisoner sentenced to life. On February 7, the Supreme Court ordered the release of Manoj, a native of Wayanad who has completed his 20-year prison sentence in the murder case, within four weeks. This was not followed by the government. Manoj's mother Eliyamma filed a contempt of court petition after this. The government then approached the governor seeking permission for Manoj's release. Governor Arif Mohammad Khan quickly gave permission for this. Later the release order issued by Home Secretary Dr. V. Venu was produced and the contempt of court was avoided.

The Wayanad district police chief's reported that there will be opposition from the victims' relatives which will cause law and order problems. This delayed the proceedings. With this, the government sought a report from the District Probation Officer of the Social Justice Department. Manoj's 80-year-old mother is ill. The probation officer also reported that the neighbours and local residents were not against the release as it was a murder committed at a young age. After this, the governor was approached for release.

Under Article 161 of the Constitution, the governor has the power to grant commutation of sentence. Life prisoners who have served 14 years of sentence can be released. In 2018, the Department of Home Affairs had set criteria for not releasing before that period.

The Supreme Court bench comprising Justices MR Shah and CT Ravikumar ordered the release of Manoj who is in Kannur Central Jail.

In 2003, Manoj was convicted of a murder committed on October 10, 1996. The High Court also upheld the life sentence awarded by the Kalpetta court.

Cases without commutation of sentence

Sexual harassment of children and women, drug trafficking, killings as part of communal conflicts, killing of government employees in the line of duty, contract killing, POCSO criminals, dowry dispute killings, acid attacks