Manu review: Sabrina ‘pardon’ not a factor

NEW DELHI: Sabrina Lall’s letter “forgiving” Manu Sharma, who killed her sister Jessica 20 years ago, is unlikely to have any direct impact on Sharma’s chances of release or remission, say legal experts.

As reported by TOI on Monday, Sabrina has replied to a letter from Tihar Jail authorities, saying she had forgiven the killer and won’t object to his release. She also turned down the compensation due to her as next of kin of the victim.

Experts said that Sabrina’s “pardon” has no persuasive force in law since Sharma was convicted and is now serving a life term. The sentence review board (SRB), when it does take up his case to evaluate, will make up its mind by taking into account several factors and using its discretion.

Probation officer’s input crucial

In the letter, the prison administration had informed Sabrina about Manu being eligible to be considered for remission by the SRB as he had finished more than 14 years of actual jail term.

Though Tihar officials remained tighlipped, the fact that they wrote to Sabrina, leads to an inference that the jail authorities have prepared Manu’s file and sent it to the SRB, which is to convene soon. Sources confirmed that a batch of applications had been sent by Tihar to be processed by SRB, including that of Manu Sharma.

They also pointed out that Manu had already taken the “first step” towards eligibility for remission, by being shifted to an open jail inside Tihar. “Only those who have excellent conduct in jail and are considered to be fit case for remission by jail administration are sent to the open and semi-open jails,” the source said. Which way the SRB will go is difficult to predict.

For example, tandoor murder convict Sushil Sharma has spent over 20 years in jail but his plea for remission was rejected by SRB, despite favourable conduct reports.

“Six months before a convict becomes eligible for SRB hearing, the jail superintendent is supposed to prepare a comprehensive note detailing the family and social background of the prisoner, offence for which he was convicted and its modus operandi. He also needs to clearly project for the benefit of SRB, particulars of conduct and behaviour of the prisoner in jail during his incarceration and conduct during the period he was out on parole. The report must contain final recommendations of the jail superintendent, supported by adequate reasons,” says a 2004 order of Delhi government.

It also lays down that the local DCP of the area where a convict lived earlier or where he is likely to re-settle, has to conduct a study of likely law and order implications if the prisoner is released on remission.

“A crucial role is played by the input given by the chief probation officer, as it is he who holds an inquiry through the probation officer on the desirability of release of the convict, his acceptability by family members and society, prospects of rehabilitation and of leading a meaningful life as a good citizen. The report has be backed with reason and material, and is given to the jail superintendent who compiles all inputs and sends it to director general, prisons,” said advocate Sumeet Verma, who has handled such cases before.

As per the 2004 order, it is the DG prisons who has to examine the case bearing in mind all the inputs he receives from the DCP, chief probation officer and the jail superintendent before he can recommend a case for remission to SRB.

Again, it is the DG who convenes a meeting of SRB which is supposed to meet four time[s a year. The notification specifies that the minister in charge of prisons is the chairman of SRB, while principal secretary home, secretary law and chief probation officer are other members.

The norms allow police commissioner and the district judge to nominate a judicial and police officer respectively to the board that goes through the material and sends its recommendation to the lieutenant governor who gets to take the final call of accepting or rejecting the plea.

“The paramount consideration before the SRB should be welfare of the prisoner and the society at large. SRB should not ordinarily decline remission merely on the ground that police is opposing it, but take into account circumstances in which the offence was committed, the intention behind it — whether it was pre-mediated or heinous — and also if the prisoner has a tendency or is likely to commit the same crime again,” said Sunil Gupta, former law officer of Tihar jail, now a lawyer.