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Archives for : convicts

Kin of Rajiv Gandhi case convicts swing between hope and despair

Kavin Malar  Chennai (Tamil Nadu), February 28, 2014 |
J. Jayalalithaa
Tamil Nadu Chief Minister J. Jayalalithaa.

Two days after the Supreme Court had commuted the death sentence on Murugan, Perarivalan and Santhan to life sentences, the celebrations of their supporters and Tamil nationalist groups turned to dismay after the fresh SC ruling that said status quo has to be maintained till the next hearing on March 6.


Speaking to India Today, Arputham Ammal, mother of Perarivalan said, “I am in agony. Why is central government is so keen in keeping them in prison even after SC’s judgment? The court has clearly said that the judgment is given on the basis of the delay in deciding on mercy petitions. But some people now argue that these people are not innocent. Why are they digging all that up now after SC had based its order to commute their sentence based on delay in attending to their mercy pleas alone?” she asked.

Somani, mother of Murugan, one of the convicts now off the death row in the case told India Today “I am longing for my son. He and his wife Nalini are not together. Their daughter is somewhere in London. I was dreaming about their re-union and being with them. Everything is shattered now. But a ray of hope is still there. After state government’s announcement in the assembly, I had thought that my life is going to be happy again. But i started worrying after watching Rahul Gandhi’s comment on television about the Tamil Nadu government’s move in this issue. The SC  stay order has again pushed me into the dark.”

Pugazhendhi, Lawyer of Nalini and Murugan says “Under Code of Criminal Procedure (CrRPC), section 432, State government has the right to release the prisoners sentenced to life, if they have completed 14 years in jail. Under 433(A), If the case comes under Explosives Act, Arms Act, TADA or POTA state government has to get suggestion from the Central government. Another option is there for the state government to exercise the Governor’s power to release them as in the case of reducing Nalini’s death penalty to life. For using section 161, there is no need to seek the permission of Central Government. Lets see what the state government is going to do.”

Pugazhendhi had met Nalini and Murugan in Vellore prison. They have expressed their relax mood over the recent happenings to him. Sources say that Haridra, their daughter is going to come to Chennai from London to meet her parents and the family is going to settle down in London, which will only be possible with TN Government’s support.

There are some options before Jayalalithaa. Upto March 6 she can wait for the next hearing. 1)As the status quo has to be maintained, she cannot release all seven people, 2)She can release Nalini, Robert Pyas, Jeyakumar and Ravichandran alone leaving Perarivalan, Murugan and Santhan, as central government has mentioned only these three names in the review petition.

“The remission of life sentence which is awarded on commuting death penalty is not automatic. There is an elaborate procedure for remission of such life sentences, which Tamil Nadu government appears not to have followed.” said Supreme Court. Solicitor general Mohan Parasaran and ASG Siddharth Luthra claimed  that Centre alone had the power to remit sentences of the convicts in the Rajiv assassination case.

Prabu, counsel of Perarivalan while talking over phone from New Delhi said “In section 432(7) it has been mentioned that appropriate government should take a decision. According to section A, if the crime is under central government act such as Explosive act the deciding authority is the central government. Section B defines if it is under the act of State government, then the deciding authority is state government. Central government argued in court that the state government is not the appropriate government. But all central Acts related to the case are not valid now. They have completed imprisonment for the acts. Now the sections are 302  and 120 B which comes under state government. So there are chances for a certain victory in the case from our side”, he added.

“One should not say that it is a stay order. Nothing has been stayed. State government has not issued any order to release all of them. It has seek the opinion of the central government under section 435. So, the bench had only asked both parties to maintain status quo and its not a stay,” he explained.

Will Tamil Nadu Government release only Naline, Robert Pyas, Jeyakumar and Ravichandran alone? Sources said that Jayalalithaa does not want to do this when the issue is in court. So, upto March 6, she will remain diplomatic by not releasing any of them. Will she choose to get the Governor to do it using  section 161? “If  the Governor sends back the proposal, she cannot do anything more, not even use sections 432 – 435,” said Prabu.

Arputham Ammal says her hopes are still up “I met Chief Minister Jayalalithaa at the secretariat. Our meeting has given me hope. She will get them released.”

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#India – Do you know why 83% of convicts are from backward classes?

Why 83% of convicts in India are from backward classes?

11 Feb 2014 09:02 PM, IST
 Why 83% of convicts in India are from backward classes?
Tihar Central Jail (Photo – The Hindu)


By Mumtaz Alam, India Tomorrow

New Delhi, 11 Feb 2014: By the end of year 2012, there were 1.27 lakh convicts serving sentence inside jails across India – the overwhelming majority of them i.e. 83% belonged to backward communities like Other Backward Classes (OBC), Scheduled Castes (SC), Scheduled Tribes (ST) and Muslims.

The revealing facts were brought out by the country’s premier government institution National Crime Records Bureau in its Prison Statistics India 2012report.

The total number of convicts inside jails by the end of year 2012 was 1,27,789. Of them, OBCs were 37,451 (29.3%), SCs 27,898 (21.8%), STs 17,696 (13.8%) and Muslims were 22,687 (17.8%). See the table below.

Total convicts inside jails by end of year 2012
OBCs convicts
29.3% (37,451)
Scheduled Castes convicts
21.8% (27,898)
Scheduled Tribes convicts
13.8% (17,696)
Muslim convicts
17.8% (22,687)
Total convicts from marginalized classes 82.73% (105732)

In a country where conviction rate is very low due to cumbersome judicial processes, why is the great majority of the convicts from the backward communities?

“The system of the country has become elite-oriented. It does not respect its own citizens. The judicial system works in favour of the powerful and the rich,” says Dr Rahul Ramagundam, Associate Professor, Dr. K. R. Narayanan Centre for Dalit and Minorities Studies, Jamia Millia Islamia.

“The backward and marginalized communities including minorities are excluded from decision-making processes,” adds Dr Ramagundam while talking to India Tomorrow.

Not only convicts, the great majority i.e. 86% of undertrials are also from the same backward classes.

According to the report of National Crime Records Bureau, of the 2.5 lakh undertrials, 2.2 lakh were from the backward communities. See the table.

Total undertrials by end of year 2012
OBC undertrials
29.7% (75,723)
Scheduled Castes undertrials
22.4% (57,197)
Scheduled Tribes undertrials
13.3% (33,900)
Muslim undertrials
21.0% (53,638)
Total convicts from marginalized classes 86.50 (220458)

While agreeing that even 60 years of reservation has not made these people particularly the SCs and STs powerful neither socially nor economically, Dr Ramagundam suggests their political empowerment as a solution.


“To an extent, the experiment of Aam Aadmi Party brightens hope among the marginalized communities as the party has tried to ensure participation of the common people in governance. Moreover, there is a need for grassroot movements to make these communities empowered,” says Dr Ramagundam.


He also wants police reform. The police work with purely colonial nature. They pick the poor even with no or little evidence and leave the rich scot-free despite clear and strong proofs.




Eminent Dalit leader and president of Ambedkar Samaj Party, Bhai Tej Singh links the overpopulation of backward classes inside jails with centuries-old tussle between upper castes and lower castes in the country.


“The system favours upper castes. They want to suppress us. We all are dalits. We are aboriginal. The judicial system also favours upper castes and the powerful,” says Bhai Tej Singh while talking to India Tomorrow. He terms it as “judicial terror”.


“In 2006, I had organized a massive public convention near the Supreme Court in Delhi and called the suppression of dalits and other backward classes including Muslims by the judicial system as judicial terror,” Singh said.


As the way-out, he also suggested political empowerment.


Political empowerment of the poor and backward communities is the only solution,” Singh said.



Mohammad Salim Engineer, National Secretary, Jamaat-e-Islami Hind thinks the facts prove there is deep-rooted bias in governing institutions against the people of marginalized classes including Muslims.


“Several years back, the Sachar Committee report has pointed out overpopulation of poor and backward classes in jails – far more than their population share in the country. The NCRB report now clearly reveals there is deep-rooted conspiracy in bureaucracy, police, investigating agencies and also in judiciary against members of the weaker sections including Muslims,” said Jamaat leader and pointed out solution.


“The solution of the problem was recommended by both Sachar Committee and Ranganath Mishra Commission. Both panels had recommended proper representation of Muslims in government institutions. It is reasonable demand which the government must accept and implement,” Salim Engineer further said.


One reason of overpopulation of backward classes in jails, he said, is the attitude of the police forces which are also dominated by upper castes.


Many people say that majority of culprits are from weaker sections whose majority are illiterate and poor. There is no wonder if members of these communities are in large number inside jails. Salim Engineer said the poverty and illiteracy of the backward classes is also because of bias and indifferent attitude of the government.


“If majority of the backward classes are illiterate and poor then who is responsible for it? It is government and its institutions that have not implemented welfare and educational schemes for these people,” said Salim Engineer.


Read more here —

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#Delhigangrape – Why don’t people first control their daughters?: Defence lawyer #Vaw #WTFnews

Written by: 

Published: Friday, September 13, 2013,

'People should control their daughters'

New Delhi, Sept 13: After the death sentence of the four rape accused in the Nirbhaya gangrape case, the one who has topped the news charts is the defence lawyer AP Singh, but for all the wrong reasons. After his hysterical presentation of the Nirbhaya case, invoking the ideologies of Gandhi and Buddha, the defence counsel now blames political pressure. “It is regrettable that the judgement in the case of the December 16 gangrape has been completely dictated by the government. The judge – without giving it due thought and under political pressure, without considering evidence or witnesses – has handed all four convicts the death sentence,” he said. Contesting the reasoning of the trial court, he further said,”During the time I have to appeal – in the next 2-3 months – if there is no rape in this country I will not appeal in the High Court. But, if rapes take place then I will appeal in the HC.” But he does not stop at that. After the sentencing, the counsel said that he would move the High Court as the sentencing was made under the pressure of the home minister Sushilkumar Shinde. But what outraged the media and the people was his unsympathetic statement onNirbhaya and his sharp remarks on her personal life. A tweet by India today says,”Why don’t people first control their daughters? I’d burn my daughter alive if she was having pre-marital sex,roaming around with her boyfriend at night”. It is rather unfortunate that while the entire country is rejoicing justice, its very representative is making such statements.

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