ALLANA ABDULLA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) In this writ petition under Art. 226 of the Constitution of India, the prayer is that the respondent No. 1 he directed to set at liberty the petitioner by granting the benefit of remission of two years as per Government resolution dated 14-8-1997. Annexure "A" to the writ petition.

(2.) The brief facts are that the petitioner was arrested in the year. 1986 for commission of offence punishable under the provisions of Official Secrets Act. 1923. He was tried and was acquitted by the Sessions Judge. Bhuj. The State Government preferred an appeal against the order of acquittal which was allowed by this Court on 13-10-1991 and the petitioner was convicted and sentenced to undergo ten years R.I. The petitioner preferred Special Leave Petition before the Apex Court which was dismissed. The petitioner is in jail since 30-9-1991. It is averred in the petition that the petitioner earned two years remission as per Government resolution dated 14-8-1997 on the occasion of 50 years celebration of Independence Day. The period of sentence, according to the petitioner, was over in September. 1997 hut he has not been released. He has also applied for parole on 15-10-199S. This application has also not been decided by the Competent Authority. Thus. according to the petitioner he is now under illegal detention and has. therefore, applied for his release under Art. 226 of the Constitution of India through this writ petition.

(3.) The stand of the respondent No. 1 in the counter-affidavit is that no parole application is pending with the Slate Government. Another stand is that the petitioner was convicted under Official Secrets Act and since this is Central Act. the executive powers of the Union of India extend in such matters and the appropriate Government competent to pardon/remit the sentence of the prisoners under this Act, would be the Central Government and not the State Government. Hence. the Stale of Gujarat or Governor of Gujarat has no power to pardon. remit or commute the sentence. It is also the stand of the respondent No. I that the Government resolutions dated 30-4-1997 and 14-8-1997 do not apply to prisoners convicted under the Official Secrets Act. The other Stales like Punjab. Haryana and Delhi are also not granting remission to such convicts under Official Secrets Act. Hence. the State of Gujarat has also not granted remission.