EPURU SUDHAKAR Vs. GOVT OF A P

JUDGEMENT

(1.) Challenge in this writ petition under Article 32 of the Constitution of India, 1950 (in short the 'Constitution') is to the order passed by Government of Andhra Pradesh, represented by its Principal Secretary whereby Gowru Venkata Reddy-respondent No.2 was granted remission of unexpired period of about seven years imprisonment. GOMs. No.170 dated 11.8.2005 in this regard is challenged.

(2.) Factual scenario as per petitioners is as follows:

(3.) The writ petition has been filed inter alia alleging that the grant of remission (described in the writ petition as grant of pardon) was illegal, relevant materials were not placed before the Governor, and without application of mind impugned order was passed. The recommendations made for grant of remission were based on irrelevant and extraneous materials. The factual scenario has not been placed before the Governor in the proper perspective. The sole basis on which respondent No.3 asked for pardon was alleged implication in false cases due to political rivalry. In view of this Court's judgment holding the respondent No.2 guilty, the said plea could not have been even considered as a basis for grant of pardon. Since the grant of pardon is based on consideration of irrelevant materials and non-consideration of relevant materials the same is liable to be set aside.