OP Chautala’s release plea is a classic case of damned if you do and damned if you don’t for the Delhi’s AAP government. Political analysts believe that whether Arvind Kejriwal’s AAP recommends release, or the detention of OP Chautala, there will always be a political risk to AAP-JJP alliance in the state of Haryana.
Former
Haryana Chief Minister Om Prakash Chautala’s application in the Delhi High
Court for his early release from jail has put the Aam Aadmi Party (AAP) in a
dilemma. OP Chautala, 83, who is serving a 10-year jail term in Haryana’s JBT (junior
basic trained) Teachers’ Recruitment Scam along with his elder son Ajay Singh
Chautala and 53 others, had approached the Delhi High Court on February 19, 2019
to seek directions for his release from prison in accordance with the Union
government’s remission policy of July 18, 2018. This policy giving special remission
to certain categories. While hearing this case, the Delhi High Court bench
consisting of Justices Siddharth Mridul and Pareek Jalan asked Delhi’s AAP
government to decide the premature release plea of Chautala within four weeks.
Chautala
has contended that keeping in mind his 83 years age, disability and the period
of seven years (out of ten) that he has already spent in jail, his premature
release application may be considered.
Delhi
government’s counsel Rahul Mehra opposed Chautala’s plea on the ground that he
(Chautala) was convicted for corruption which was a serious offence.
But
Chautala’s advocate Amit Sahni pleaded: “Chautala was convicted for 10
years under the Indian Penal Code and 7 years under the Prevention of
Corruption Act. He has already undergone the sentence awarded under the
Prevention of Corruption Act and also has a permanent disability of 60% (as on
April 2013) and later has undergone implantation of pacemaker in June 2013. The
disability is progressive and at present it is more than 70% and he fulfills
the conditions laid in two clauses of the said notification. His age is 83,
which itself is sufficient to consider releasing him by giving benefit of the
notification.”
OP Chautala’s release plea is a classic case of damned if you do and damned if you don’t for the Delhi’s AAP government. Arvind Kejriwal-led AAP was hopeful of a tie-up with recently floated Jannayak Janta Party (JJP). The political outfit JJP has been formed by OP Chautala’s own grandsons who, ironically, are opposed to his own INLD (Indian National Lok Dal).
Political
analysts believe that whether Arvind Kejriwal’s AAP recommends release or the detention
of OP Chautala, there will always be a political risk to AAP-JJP alliance in the state of Haryana. If Delhi
government gives positive recommendations and Chautala gets out of jail, he
will certainly re-energize the sagging spirits of Indian National Lok Dal (INLD) and galvanize its workers which will mar the
winning chances of AAP-JJP
alliance in Haryana.
However,
if Arvind Kejriwal’s government turns down the release plea, it will undoubtedly
create anger and resentment towards AAP-JJP
political alliance and result in a sympathy wave for INLD among
Jat voters of Haryana. Already there’s resentment in rural areas against the
Delhi government’s alleged decision to obstruct Chautala’s furlough application
which became evident during Jind by-elections on January 28, 2019. The
by-elections saw mass transfer of INLD votes to the BJP to obstruct AAP-JJP
alliance from winning. The AAP-JJP candidate Digvijay Singh Chautala, a rebel from
INLD lost the Jind by-elections decisively.
AAP’s
decision to turn down OP Chautala’s release plea will also force the INLD
leadership to forge a tie-up with BJP or in case of a failure of any alliance
with BJP, they may again motivate INLD voters to transfer their votes to BJP
instead of supporting the AAP-JJP combine.
The
INLD party leaders had publicised
during Jind by-elections that AAP-JJP alliance had obstructed the furlough of their
ex-Chief Minister of Haryana O P Chautala to keep him away from the elections. They
alleged that initially, the INLD
chief was to be released on furlough on January 22, ahead of Jind by-poll.
However, the release was postponed to January 29, that is, after the elections
with the condition that he shall not attend any political meeting and shall not
indulge in political activities during the period of furlough.
Attacking
the JJP and AAP and accusing the former Haryana Chief Minister O P Chautala’s
own grandson, Member of Parliament Dushyant Chautala, of back stabbing his own
grandfather the state INLD president Ashok Arora had alleged, “It is clear that AAP government
in Delhi along with Dushyant and Digvijay have played a role in denial of
furlough. They have stooped to a new low by doing this.”
Political
pundits of Haryana are convinced that whatever maybe Arvind Kejriwal-led AAP’s
decision about early release of OP Chautala, it will surely have a long term
impact on INLD and also on AAP-JJP alliance future in Haryana.
What is the Union government’s Remission Policy of July 18, 2018?
As
part of commemoration of 150th Birth Anniversary of Mahatma Gandhi, the
following categories of prisoners will be considered for special remission and
released in three phases.
(a)
Women convicts of 55 years of age and above, who have completed 50% of their
actual sentence period.
(b)
Transgender convicts of 55 years of age and above, who have completed 50% of
their actual sentence period.
(c)
Male convicts of 60 years of age and above, who have completed 50% of their
actual sentence period.
(d)
Physically challenged/disabled convicts with 70% disability and more who have
completed 50% of their actual sentence period.
(e)
Terminally ill convicts.
(f)
Convicted prisoners who have completed two-third (66%) of their actual sentence
period.
Special remission will not be given to prisoners who have been convicted for an offence for which the sentence is — sentence of death or where death sentence has been commuted to life imprisonment; cases of convicts involved in serious and heinous crimes like dowry death, rape, human trafficking and convicted under POTA, UAPA, TADA, FICN, POCSO Act, Money Laundering, FEMA, NDPS, Prevention of Corruption Act, etc.
In Phase-l, the prisoners will be released on 2nd October, 2018 (Birth Anniversary of Mahatma Gandhi), in Phase-ll prisoners will be released on 10th April, 2019 (Anniversary of Champaran Satyagrah) and in Phase-Ill, prisoners will be released on 2nd October 2019 (Birth Anniversary of Mahatma Gandhi).