SAIDAPALLI MOGALAIAH Vs. STATE OF A P

JUDGEMENT

(1.) This Writ Petition has been filed by two petitioners challenging the order of arrest issued by way of warrants dated 16-12-1983. The warrants had been issued in execution of the judgment of the High Court in Criminal Appeal No. 376 of 1986 and Batch dated 10-3-1969. The petitioners herein were accused in Sessions Case No. 20 of 1967 which was decided by Additional Sessions Judge, Hyderabad. The peti. oners-accuse had been charged of offences under Sections 302, 149 r/w 34 of IPC. The Sessions court gave its judgment on 19-7-67. There were 6 accused in all. Accused No.1 was convicted and sentenced to life imprisonment, A-2 to A-6 were acquitted. A-1 filed Crl.A.No. 567 of 1967 against the conviction and sentence. The State also preferred an appeal against acquittal of A-2 to A-5. So, there were two appeals, one against conviction being Crl.A.No. 561 /67 another against acquittal being Crl.A.No. 376/68. The High Court, by common judgment dt. 10-3-69 dismissed the appeal filed by A-1 against conviction and allowed the appeal filed by the State against acquittal of A-2 to A-5 reversing the judgment of the Sessions Judge. The authorities issued warrants of arrest against A-3 and A-4 whereas the authorities did not choose to execute warrants against A-2 and A-5 who are the present petitioners. The petitioner No.1 claims that, at the time of conviction he was 16 years old and petitioner No.2 was 18 years old which can be ascertained from the Prisoners Register maintained at the Central Prison, Secunderabad, and if the respondents had executed the warrants immediately after the judgment of the Court on 10-3-1969 both the petitioners could have availed the benefits available to Juvenile prisoners such as Borstal Schools as they were minors at the time the judgment was rendered by the High Court, however the respondent did not choose to issue warrants to execute the orders of the High Court for reasons best known to them and the same was executed on 16-12-1983, thereby they lost the benefits which could have been available to them as Juvenile prisoners. The petitioners also submitted that, had they been arrested immediately after conviction they would have served the sentence and would have been free by now. The respondents had executed the warrants against the petitioners after lapse of 14 years from the date of the judgment of the High Court, therefore it is contended by the petitioners that the arrest and detention was bad in law as the warrants were not executed within a reasonable period of time and no reasons had been given for the delayed execution of the warrants for a period of 14 years. The detention is also challenged as being violative of Articles 14 and 21 of the Constitution of India.

(2.) The judgment was rendered by the High Court on 10-3-1969. Warrants were executed on 16-12-1983. Both the petitioners were released on parole on 29-10-84 for a period of 4 months. They were supposed to surrender on 29-2-1984 but both of them absconded and according to them they did not surrender because of their family problems. The respondents then arrested petitioner No.1 in May, 1998 and petitioner No.2 surrendered on 12-9-98. when the Writ Petition was filed the 1st petitioner was in custody while the 2nd petitioner was again on parole from 23rd January, 2003 to 23rd February, 2003. It was contended that, on the date when the sentence was imposed life imprisonment normally would mean 7 years whereas now it has been extended to 14 years, had they been detained at that point of time the petitioners would have been released in 7 years, that would mean in the year 1975. On these grounds the petitioners sought quashing of their arrest and detention.

(3.) in the counter-affidavit that has been filed by Superintendent, Central Prison, Cherlapally it has been contended that the delay in execution of the committal warrants does not wipe out the sentence. It has been admitted that the petitioners were acquitted by the Additional Sessions Judge in S.C. No. 20/67, the State preferred appeal against acquittal of the petitioners and the High Court allowed the appeal and convicted the petitioners and sentenced them to life imprisonment. The 1st Addl. M.S.J, Hyderabad issued warrants of arrest of petitioners directing their arrest and confinement in Central Jail/Hyderabad on 26-12-1983. Pursuant to the said committal warrant the petitioners were arrested and admitted to jail on 26-12-1983. Both the petitioners were released on parole on 25-10-84 for a period of 2 months, then the parole was extended by another two months. They were supposed to surrender on 28-2-1985, but they did not surrender. The petitioner No. 1 was arrested by police on 9-5-98 and admitted to Central Prison, Hyderabad. He overstayed parole for a period of 13 years 2 months and 11 days. The 2nd petitioner surrendered before the Superintendent, Central Prison, Hyderabad on 12-9-1998. He overstayed for a period of 13 years 6 months and 14 days. As per A.P. Prison Rules, 1973 in Chapter LIV the petitioner No.1 was punished with denial of parole and furlough for a period of 4 years. He was also denied interviews for a period of 1 year and punished by removal of his name from the remission rolls as per the Orders of the Inspector General of Prisons and denial of canteen facilities for 1 year vide Memo dated 12-4-99. As per A.P. Prison Rules the 2nd petitioner was punished with denial of parole and furlough for 3 years. He was also denied of interviews for 1 year, canteen facilities for 1 year and his name was removed from remission rolls permanently vide Memo dated 16-5-1999. The 2nd petitioner completed above punishment and was again released on parole on 23-1-2003 for a period of 1 month and the parole was extended upto 4-3-2003 and he surrendered on 5-3-2003.