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STATES: KILLERS
Political Patronage
Investigations by
INDIA TODAY reveal that not only has Chautala been pursuing a pick-and-choose
policy on granting amnesty, but his furtive lifeline to convicts has the
unmistakable bearing of political patronage. On the face of it, the reasons
for clemency vary from first-time offence and good conduct in jail to
recommendation by the panchayat of the village to which the convict belongs.
But these could apply as much to many of the 3,000-odd convicts in the
state's jails. In truth, it is the convicts' proximity to the politicians
in power that has prompted their release.
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INTERPRETING REFORMS: Parmanand (left) and Chautala on a pardon
spree
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For Satbir, son of Chhotu Ram, INLD president
of Pehowa block in Kurukshetra, the Government has been more than generous.
He was granted a pardon-remission does not set aside a conviction, pardon
does-to facilitate his eventual reinstatement as assistant librarian in
the state secretariat. "The Government gave me the justice that the
court had denied," says Satbir.
Parkash-who figured as co-accused in two FIRs
relating to rioting and damage to railway property, registered in 1996
against the chief minister's son Ajay Chautala-is closely associated with
the ruling party. A year after Satbir and Parkash walked out of jail,
Himmat, a cousin of Parkash, filed a mercy petition citing their release
as precedence. He was granted remission. Not claiming any influence with
the state's first family, 40-year-old Himmat says, "We only vote
for the INLD." But the posters of Ajay on the walls of his palatial
house at Narwana and an INLD flag atop it suggest more than that.
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SAT PAL KHANDEWALA (left) holds up the picture
of his brother Krishan Kumar whose sensational political murder
resulted in a 20-year sentence for the accused Siriyans Kumar
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"We reconciled
to not challenging the remission under tremendous social pressure."
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The case of Siriyans Kumar Jain, who walked free
last month after spending less than two years in jail against a 20-year
life sentence, has already made it to the legal annals. Jain was convicted
by the Supreme Court on December 12, 1998 for the sensational murder of
Krishan Kumar Khandewala, Congress councillor and a prominent businessman
of Hansi. However, even before he could surrender, the then governor Mahabir
Prasad, acting on the recommendation of the Bansi Lal government, granted
him remission. This was challenged by the Khandewala family and the apex
court quashed the clemency. But the judicial rap didn't deter the Government
from again recommending mercy for Jain on May 24. "Siriyans kahan
aur murder kahan. Woh to vaise hi phas gaya bechara (The poor man got
entangled for no fault his)," Chautala justifies the remission.
However, cautious this time, the Chautala Government
cleared Jain's petition only after extracting a promise from the victim's
kin that they would not challenge the remission in court. "We reconciled
under tremendous social pressure," says Sat Pal Khandewala, brother
of the deceased. Admits Parmanand: "There was an overwhelming demand
from the religious organisations for his release."
In some cases, Chautala's largesse has shades
of a quid pro quo for firming up support base. Three of the released life
convicts are from Chautala's home district of Sirsa. Of these, two are
from the Rori assembly segment, which was earlier represented by him and
now by his son Abhey Singh. In all the cases, the mercy petitions were
fortified with panchayatnamas (resolutions by panchayats to which the
convict belonged) vouching for their premature release.
Condemned to life sentence for the murder of
his wife, Sarvjit Singh is back on his farm at Nakora village in Sirsa
district. The mercy petition filed by him in November last year fructified
last month. The family obliquely ascribes his freedom to political clout.
In at least two cases the compromise brokered by Abhey in rural feuds
paved the way for clemency. Jagtar Singh of Raghuana village, Chautala's
pointman, was freed two years ago after a truce with the kin of the villager
for whose murder he was sentenced to life. Jagtar calls himself the de
facto sarpanch, claiming credit for the development work in the village.
Chautala's supporters point to the positive
fallout of clemency. It has helped obliterate age-old rivalries, they
argue. "It's like a second birth," says Mithu Singh, a 40-year-old
farmer from Theraj village in Sirsa district who was convicted for the
murder of a man from his own village. Granted remission last year, fours
years after the Supreme Court upheld his life sentence, he gives credit
for his premature release to Abhey who brokered peace with the rival family.
One of the members of this family is also facing life sentence and has
been promised mercy under Article 161.
In a state where crime and politics tread a
thin line, the spate of remissions has brought into question the propriety
of using a powerful constitutional provision as a political tool. "Pardon
has to be explicitly granted in public interest," says Hawa Singh
Hooda, a former state advocate-general. But the governor retorts: "In
no way can I check the political affiliations of all the convicts seeking
clemency." Which means the Chautala Government may yet continue with
its forgiveness binge. And while it may provide a fresh lease of life
to some, for many like Devi Ram it will simply be justice denied.
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