THIRUVANANTHAPURAM: Amid allegations of leniency and preferential treatment in recommending a remission of sentence to Sherin, the convict in the 2009 Bhaskara Karanavar murder, the state government’s move for her release has sparked controversy. Questions have been raised over how she became eligible for remission even as other longer-serving prisoners, including those with serious ailments, were not considered.
However, a review of the legality of the ordinary and emergency leaves she availed shows no violations. During her term, Sherin was granted a total of 444 days of leave -- 345 ordinary and 92 emergency leave. An additional seven days were granted to account for journey.
Prisoners, except those convicted under Pocso, NDPS, rape, and similar serious offenses, can get up to 60 days of ordinary leave a year. However, they can only avail a maximum of 30 days at a stretch. The jail superintendent issues a report to the jail DGP, based on which a prisoner is granted leave.
The law department had also recommended the remission of Sherin’s sentence, as the original verdict did not explicitly state that she was to serve a life sentence without the possibility of release.
Emergency leave, granted for urgent family matters like deaths or serious illnesses, is initially approved for up to 10 days by the jail superintendent. Extensions up to 15 days and 45 days can be granted by the jail DGP and the government, respectively.
“Prisoners face different stages in custody, including care and treatment, correction and reformation, and rehabilitation, for which family and social acceptance is required. Leave is granted for the purpose of social engagement. Having said that, a prisoner will be under the supervision of a probation officer, and the reporting of any untoward incident can have their leave revoked. The same goes for remission,” said a retired IG, who wished to remain anonymous.
The government’s decision to consider Sherin for remission was based on the recommendation of the jail advisory committee. The committee cited her reformation, her status as a woman and a mother, and the fact that she had completed over 14 years of her sentence, the minimum period required for eligibility.
Every six months, the committee reviews cases eligible for remission. The panel, chaired by the jail DGP, includes the district police chief, district collector, district probation officer, jail superintendent, and three non-official members nominated by the government. If the board approves a remission request, it is sent to the state cabinet for review. If the cabinet endorses the request, it is forwarded to the governor, who has the final authority.
If the board disapproves a recommendation, the prisoner can take up the case with a state advisory board that is chaired by a retired high court judge with social justice secretary, home secretary, law secretary and non official members. For every situation, the governor has the ultimate power as per the constitution. However, even this decision can be challenged in court.
“For a prisoner who has served 14 years in the jail, 444 days of total leave do not exceed the limit,” the retired IG added.
Despite Sherin’s eligibility, her case has drawn criticism due to alleged preferential treatment. Her prison record, which was not clean, was allegedly overlooked by authorities.
“Commutation of sentence should be for a truly reformed person. Sherin displayed dangerous criminal tendencies even during her prison term. This is misuse of power for political and personal reasons. The jail advisory committee consists of people with criminal backgrounds, and their decision undermines societal security,” said T Asaf Ali, former director general of prosecution.
However, M V Sarala, a member of the Kannur Women’s Jail Advisory Committee, defended the decision. She told reporters that Sherin had reformed over the years and did not receive any special privileges.
Sherin was convicted in 2010 for the murder of Karanavar, her father-in-law, along with her friends Basith Ali, Nithin and Shanu Rasheed. They were sentenced on multiple charges, including murder, conspiracy, incitement to crime, destruction of evidence, robbery, and assault.