Sathasivam and Justice B.S. Chauhan, refused to give an early hearing to the plea and stall the proposed release of the prisoners.

The apex court's leniency in refusing to interfere with the Andhra Pradesh government decision stood in sharp contrast to an earlier court proceeding.

On Feb 8, 2008, while adjudicating a similar lawsuit against Andhra Pradesh government's 2007 decision to release over 1,500 prisoners on the Independence Day that year, Chief Justice Balakrishnan had severely rebuked the government.

The apex court bench had severely censured political parties' tendencies to remit sentences of hardened criminals, saying that even the constitutional authorities cannot exercise illegally their power to grant clemency.

'These (Andhra Pradesh government) orders are virtually for wholesale release of prisoners,' the bench had then said.

'We know that it (release) will be supported by all the political parties, who will be benefited by it.'

Brushing aside the state government's contention that it was constitutionally empowered to grant clemency, the chief justice had ticked off the state government, saying, 'Your clemency powers cannot be contrary to the law.'

'All the constitutional powers ought to be exercised in accordance with the law,' snapped the chief justice. 'Let the governor exercise this power, we will see how he can act contrary to the law.'