The Human Rights Forum (HRF) strongly urges the government of Andhra Pradesh to release S Chalapathi Rao and G Vijayavaradhana Rao, convicted in the Chilakaluripeta bus burning case. The two have already been incarcerated for 32 years.
We wish to draw attention to the recent judgment of the AP High Court in S Swapna v/s State of Andhra Pradesh and ors. (W.P. No. 44501/2018) delivered on April 9, 2025. The judgement states that prisoners shall be granted remission by following the remission policy that is in place, on the day the prisoners were convicted or granted reprieve by the Governor or the President.
According to available information, as of October 2021, there were 8 prisoners in the State of AP who have completed more than 20 years of prison sentence. For various reasons, they have not been granted premature release. Among them, three were never considered for premature release since their death sentence was commuted to life imprisonment. They are S Chalapathi Rao, G Vijayavardhana Rao and M T Krisha Kutty. Following and upholding a catena of judgments pertaining to the premature release of prisoners, the High Court in its recent judgment held: “Needless to say, the application will be considered according to the policy subsisting, when the sentence of death, passed against the prisoner, had been commuted to a sentence of imprisonment for life, shall be applied.”
While Chalapathi Rao and Vijayavardhana Rao were convicted to death in 1995, their death sentence was commuted to life imprisonment by the-then President, K R Narayanan, in 1998. The remission policy in place at that time was G.O. Ms.No. 193, dated 11.08.1997. In this policy there was no bar against granting remission to prisoners whose death sentence was commuted to life imprisonment. This condition was added only in the subsequent iteration of the policy and has been continuing since. Both Chalapathi Rao and Vijayavardhana Rao have already spent more than 32 years in prison, attained various educational degrees, and reformed themselves. It would be pertinent here to note that even parole has been very hard to come by to the two over these three decades.
The government of AP has been arguing that there is no scope for premature release of prisoners whose death sentence was commuted to life imprisonment since the remission policy as of today would not permit their release. However, the High Court has now made it clear as to the nature of the remission that is to be considered while deciding on premature release.
We would also urge the government to keep in mind the humanitarian spirit of the Criminal Procedure Code (Cr.P.C.)/ Bharatiya Nagarik Suraksha Sanhita (BNSS) and the 2003 guidelines issued by the National Human Rights Commission (NHRC) pertaining to premature release of prisoners and liberalize the remission guidelines that will be considered henceforth.
We call on the State government to consider the applications of S Chalapathi Rao and G Vijayavardhana Rao for premature release in light of the April 9 judgment of the High Court and to grant the two the much-needed reprieve so that they can rebuild their lives.
Y. Rajesh (HRF Andhra Pradesh State general secretary)
G. Rohith (HRF Andhra Pradesh State secretary)
11.04.2025,
Vijayawada