ANIL SHARMA Vs. STATE OF HARYANA

JUDGEMENT

(1.) WRIT PETITION (CRL.) NO. 135 / 2003 In this petition under Art.32 of the Constitution the petitioner prays for quashing of Annexures P1, P2 and P3. Annexure P1 is a publication in India Today. No particular has been disclosed by the petitioner. Annexure P2 is the publication in Hindustan Times. No material particular has been disclosed. Annexure P3 is list of accused granted remission by the Government. Charge under S.302 IPC in respect of accused / Kulwant Singh has been shown to have withdrawn on 03/12/2001. In the list Annexure P3 besides Kulwant Singh none of the accused has been convicted / charged under S.302 IPC. Therefore, the contention of the learned counsel appearing for the petitioner that the accused who has been convicted under S.302 IPC. has been arbitrarily released prematurely is not substantiated. This petition being abuse of the process of the Court is accordingly dismissed.

(2.) WRIT PETITION (CRL.) NO. 200 / 2003 In view of our order passed in WRIT PETITION (CRL.) NO. 135 / 2003 this petition is dismissed.

(3.) MR . K. Venugopal, learned counsel appearing for the petitioner at the outset fairly submits that he is not pressing prayer Nos. a and b. On a reading of the prayers from c to h, we are afraid that in exercise of power under Art.32 of the Constitution such prayer could be acceded. The prayer, inter alia, seeks direction to amend a law which power this Court does not have. At the same time, the learned counsel for the petitioner has also brought to our notice that in the case of Andhra Pradesh as many as 1500 hardcore prisoners have been prematurely released. It is no doubt true that power under Art.72 and 161, or under S.433A can not be exercised arbitrarily, as pointed out by this Court in Maru Ram v. Union of India and Others, 1981 KHC 491 : 1981 (1) SCC 107 : 1981 SCC (Cri) 112 : AIR 1980 SC 2147 : 1981 (1) SCR 1196. However, there is another difficulty to give effective relief. The alleged prematurely released 1500 hardcore prisoners are not before us. Therefore, it is difficult to give effective relief in exercise of our power under Art.32 of the Constitution.