THIRUVANANTHAPURAM :The LDF government has decided to use its discretionary powers to commute the sentences of 1,850 convicts lodged in various prisons across the state but governor P Sathasivam has refused to provide his mandatory assent to it.The number of convicts recommended for release is unprecedented, and many of these convicts have been sentenced for crimes like rape and other sexual offences or convicted under narcotics drugs and psychotropic substances (NDPS) act. Top government sources said that the list also includes many who have close ties to the ruling LDF.It is reliably learnt that Raj Bhavan is likely to return the file to the government as the list consists of many convicts whose release would violate Supreme Court guidelines. The list was placed before the cabinet last month and was forwarded to the governor for his assent. The list was prepared by the home department on the basis of the recommendation from a highlevel committee, but is learnt that the list was not shown to the law secretary before it was forwarded to the governor.The file has been pending with the governor for almost a month now, after the governor, himself a former chief justice of India, made a detailed examination of the matter. According to Section 432 of Criminal Procedure Code, the government can with or without any specific condition suspend the execution of or remit the punishment of a person to which he has been sentenced. But, in cases of death sentence or in cases where death sentence can be awarded but only life sentence is granted, the government can release them only if they complete 14 years in jail.Even though the state has the power for premature release of a convict, according to article 161of the Constitution, only the governor has “the power to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of any person convicted of any offence against any law relating to a matter to which the executive power of the state extends“. Senior lawyer Kaleeswaram Raj said the judgment in Shamsher Singh versus state of Punjab case is relevant when the question of governor's powers arises. “The governor is usually bound by decisions of the cabinet as per article 163 of the Constitution, but he can always seek reconsideration saying that that if the government takes such decisions, it would not be in the best interest of the public and the society . Another recourse would be that an individual can approach the high court seeking a judicial intervention in the matter,“ he told TOI.