GOVT OF ANDHRA PRADESH Vs. M T KHAN

JUDGEMENT

(1.) These two appeals raise an interesting question involving the scope and ambit of Article 161 of the Constitution of India, 1950 (in short the Constitution). The question is whether the Governor of a particular State in exercise of clemency powers under Article 161 of the Constitution can grant remission to prisoners convicted by Courts outside the concerned State, but undergoing sentences in jail in the State, Present appeals relate to the State of Andhra Pradesh. The Andhra Pradesh High Court in the two writ petitions (W. P. Nos. 20013 and 21536 of 1995) held in the affirmative and hence these appeals.

(2.) One S. Appala Swamy was convicted for the offence punishable under Section 302 of the Indian Penal Code, 1860 (in short the IPC) and sentenced to imprisonment for life by the Sessions Judge, Bastar at Jagdalpur. Madhya Pradesh. While serving the said sentence at the District Jail, Jagdalpur he was transferred to the Visakhapatnam Jail in Andhra Pradesh. Writ petition No. 20018 of 1995 related to him. The other writ petition No. 21536/1995 related to convict Rajender who was convicted under Section 302, IPC and sentenced to imprisonment for life by the IV Additional Sessions Judge, Thane, Maharashtra. While serving the sentence in the Central Prison, Erawada Maharashtra he was transferred to the Central Prison Warangal in the State of Andhra Pradesh.

(3.) Respondent M.T. Khan claiming to be the President of Andhra Pradesh Civil Liberties Committee filed writ petitions contending that their continued incarceration was illegal and arbitrary. At the time of filing the writ petitions the actual sentence undergone by S. Appala Swamy was about 11 years and 6 months, while that of Rajender was in excess of 14 years. As by 14-5-1995 Rajender had completed more than 14 years of actual sentence including the remand period, the Government of Andhra Pradesh forwarded his case for consideration of the State of Maharashtra on 12-9-1994 for taking the appropriate action. The Government of Maharashtra passed an order on 1-12-1995 under sub-section (1) of Section 432 of the Code of Criminal Procedure, 1973 (in short the Code) remitting "that portion of the sentence of imprisonment for life which is in excess of 14 years of total imprisonment including all remissions subject to completion of actual imprisonment of 14 years.... subject to the condition of the (said) persons good behaviour and conduct in prison till the time of his release....."