LAWS(ALL)-1996-7-56

AYODHYA Vs. STATE OF U P

Decided On July 12, 1996
AYODHYA Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) S. H. A. Raza, J. A common question of facts and law arises in all these writ peti tions, which have been filed by the convicts who have completed more than thirty years of sentence with remission on 15th August, 1995 praying that they may be ordered to be released in pursuance of the Government Order No. 2879/22-2- 94-18 (48)-94 (Home Prison) Anubhag-2 dated 25th July 1994. Most of the convicts were sentenced to un dergo life imprisonment for committing an offence under Section 302/201 IPC and other offences punishable under Indian Penal Code.

(2.) THE aforesaid Government Order has been issued in the name of the Governor of Ultra Pradesh in excercise of his power contained in Article 161 of the Constitution of India. Similar order were issued by the Government Order no. 4170/22-2-94-18 (82)-94 (Home Prison) Anubhag -2, dated 25th Oct. , 1994 which provided that three convicts who have completed on 2nd Oct. , 1994 a sentence of twenty-five years with remission and their conduct in jail has been found to be good, shall be released on bail. THE said Govt. Orders were subjected to following terms and conditions: (1) Only those prisoners shall be released who have been convicted by the Courts in Uttar Pradesh and the State Government was empowered to release them. (2) THE following prisoners shall not be entitled for release: (a) whose appeals or revisions were pending in any Court on 15th August, 1994 or on 15th August, 1994 they were released on bail under the order passed by the Court. (b) THE prisoner who is the resident of any foreign country, if there existed any do u ht about the citizenship of that prisoner then in that situation before releasing him, it would be necessary to get the matter verified through the District Magistrate of Superintendent of Police; (c) THE prisoners who have been con victed by the Court Marshal. (d) Persons detained. (e) THE prisoners convicted for com mitting an offence under Foreigner's Act and Indian Passport Act. (f) Prisoners convicted under the provisions of Section 3 to 10 of the Officers Secret Act, 1967. (g) Prisoners convicted under Sections 2 and 3 of Criminal Law (Amendment) Act and convicted for committing an offenns under Sections 121 to 131 of I. P. C. (h) Habitual convicts. (i) Convicts/detenu under the provisions of Sections 106 to 110 Cr. P. C. (j) Prisoners convicted under the provisions of Prevention of Corruption Act, 1947 amended from time to time and con victs under going sentence for committing offences under Chapter 9,10 and 11 of the Indian Penal Code. (k) Convicts sentenced for committing an offence to outrage the modesty of ladies through force.

(3.) A perusal of the Government Order reveals that the aforesaid G. O. was issued in the name of Governor of Uttar Pradesh in exercise of his constitutional powers under Article 161 of the Constitution of India. While suspending, remitting or commuting a sentence, the Governor acts under a con stitutional power and the manner of exer cise of that power depends upon his descretion. The power is of widest amplitude and is absolute, which has been conferred by the Constitution, and is not subject to statutory provision and a held in the case of Kehar Singh, AIR 1989 SC 653:1989 JIC 471 (SC ).