The Supreme Court has ruled that the government cannot release a convict on considerations of religion, caste or political loyalties as the same had to be done keeping in view public interest and society.
"While exercising such power (to release), relevant facts necessitating the commutation and the interest of the society and public interest must be reflected and well established.
"The exercise of any power vested by the statute in a public authority is to be always viewed as in trust coupled with a duty to exercise the same in the larger public interest and social interest," a Bench of Justices S. B. Sinha and Mukundakam Sharma observed.
The Apex court passed the ruling while setting aside a release order passed by Andhra Pradesh government in favour of an Islamic scholar S. Kazam Pasha who was convicted and sentenced to two years imprisonment in a criminal case in Hyderabad.
The State had released him by imposing a mere fine of Rs. 5,000 on the ground that he was a "qualified Islamic scholar", had worked for communal harmony in the city, was part of the local peace committees and was suffering from various ailments.
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