G S NIJAGUNIAH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Though this writ petition has been filed by 'two persons-G.S.Nijagunaiah and G. S. Phalanethraiah, Sri Yoga Narasimha, learned Counsel for the petitioners, submitted that the 1st petitioner has since been released and that therefore it has become unnecessary for him to press the writ petition so far as he is concerned. Hence, it is unnecessary to examine his case. So far as G.S. Phalanethraiah the 2nd petitioner is concerned, he, is undergoing sentence of life imprisonment, in the Central Jail, at Bangalore.

(2.) On the 6th January, 1975 the State Government made an order, in exercise of the powers conferred by sub-sec. (1) of Section 432 of the Code of Criminal Procedure, 1973 (to be hereinafter referred to as the CrPC.1973), in the matter of granting remission of sentences of imprisonment to prisoners in jails of the State, to commemorate the 2500th year of Mahaveer Jayanthi. The Government order is produced in the case at Exhibit A. Clause(iv) of the said order states that prisoners suffering dangerously from cancer, leprosy or T.B., should be released subject to detailed examination and issue of a certificate by the District Surgeons concerned regarding the disease, its incurable nature and gravity. It is the case of the 2nd petitioner.that he is entitled to the benettt of the said clause and that benefit has been unjustly denied to him.

(3.) The power of granting remission is conferred on the State Government under Sec.432 CrPC.1973. It is the power which is vested in the Government and the said provision cannot be regarded as conferring a right on prisoners undergoing imprisonment in jails, to claim remission of sentence under certain circumstances. Thei power under Sec.432(1) CrPC.1973 can only be exercised by the State Government in the matter of granting remission. Even though the Order at Ext.A is issued by the State Government, it must be regarded as laying down certain guiding principles for the regulation of the conduct of the State Government it self in the matter of granting remission to prisoners in exercise of the powers conferred on it by sub-section(1) of Sec.432 CrIPC 1973. It is impossible to read the Order at Ex.A as conferring right on any authority, other than the State Government, including the jail authorrties. The fight of releasing the prisoners on the ground that they satisfy the conditions prescribed in the said Order of the Government is wholly and exclusively vested in the Government. It is for the State Government and the State Government alone to exercise the power under sub-sec (1) of Sec.432 CriPC 1973, to make appropriate orders granting remission.