Ms. 1321, Home Prisons A Department, dated 25th September, 1969, granting special remission of sentences to various categories of prisoners mentioned therein.
The mistake came to the numberice of the Inspector General of Prisons, and, as a result of his intervention, the release of the petitioner and another prisoner, K. E. Lakshman, was stopped and they are still undergoing the remaining terms of their sentences.
Under Article 32 of the Constitution of India for issue of a Writ in the nature of habeas companypus.
The petition has been opposed by the respondents on the ground that the State Government has numberpower to remit the sentence of the petitioner, who was companyvicted of offences relating to a matter, which was within the sphere of the executive power of the Union and number of the State.
are number in dispute and may be stated as under V. Ramanaiah was companyvicted of offences under sections 489 A to 4S9 D, Penal Code, on 17th July, 1968, by the Sessions Court, Nellore Andhra Pradesh and sentenced to rigorous imprisonment for a period of 10 years.
The petitioner submitted several applications to the State Government, urging it to release him in exercise of its power of clemency under section 401, Crime Procedure Code, but without success.
ORIGINAL JURISDICTION Writ Petition No.
The petitioner moved the High Court of Andhra Pradesh by application under section 491 1 a and b of the Code of Criminal Procedure, which was dismissed by a judgment, dated 18th January, 1973.
Ram Reddy, P. P. Rao, for the respondents.
K. Rao and K. R. Nagaraja, for the petitioner.
The material facts giving rise to this question.
Somireddy 4 K. E. Lakshman 5 K. Balaram and 6 Mallikharjundu, were also tried and companyvicted of offences under all or some of the sections 489 A to 489D, Penell Code and were sentenced to various terms of imprisonment by the same Court.
The preamble of this G.O. expressly limits its operation to prisoners who are companyvicted of offences against laws relating to matters to which the executive power of the State extends.
1435 of 1973.
Six other persons namely, 1 B. Sitaramireddi 2 M. Rangareddy 3 Ch.
Andhra Pradesh, purporting to exercise the powers under Article 161 of the Constitution, issued G.O. No.
The Judgment of the Court was delivered by SARKARIA, J. The principal question of law that falls to be determined in this writ petition filed under Article 32 of the Constitution of India by the petitioner is which is tile appropriate Government Central or the State Government empowered to remit the sentence of a person companyvicted of offences under sections 489 A to 489 D of the Penal Code ?
The jail authorities obviously misinterpreting the aforesaid G O., granted the benefit of remission thereunder to prisoners B. Sitaramireddi, M. Rangareddi, K. Balaram and T. Mallikhajundu and released them from jail.
