INDIAN ASSOCIATION OF LAWYERS ANDHRA PRADESH CHAPTER Vs. PRINCIPAL SECRETARY HOME DEPARTMENT GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) This Writ Petition is filed in public interest by the Indian Association of Lawyers (A.P. Chapter), represented by its General Seceatary, Sri C. Damodar Reddy, an advocate. In the affidavit given in support of the Writ Petition, Sri C. Damodar Reddy states that nine life convicts named in the Schedule are under-going their sentence in the Central Jail, Warangal even though they are entitled to be released as per G.O.Ms. No. 580, Home (Prisons-C) Department dated 20-10-1984.

(2.) When this writ petition came up before a Division Bench of this Court, to which one of us i.e., M. N. Rao, J., was a party, Sri Ravinder Rao, the learned counsel representing the learned Advocate General, contended that the said nine prisoners were not released because the said G.O.Ms. No. 580 was not attracted to them, on the basis of the judgment of this Court in Ramulu v. State of Andhra Pradesh, (1985) 1 APLJ 361 : (1985 Cri LJ 1679). The Division Bench observed that this Court in Ramulu's case relied on the decision of the Supreme Court in Maru Ram v. Union of India, AIR 1980 SC 2147 : (1980 Cri LJ 1440) and that in view of the latest decision of the Supreme Court in Ashok Kumar v. Union of India, AIR 1991 SC 1792 : (1991 Cri LJ 2483), the decision of this Court in Ramulu's case (1985 Cri LJ 1679) (which was rendered by a Division Bench) required reconsideration by a Full Bench. That is how this matter has come up before us for resolution.

(3.) The matter varily turns on the correct understanding and interpretation of the contents of the said G.O.Ms. No. 580 dated 20-10-1984. It was issued under S. 432 of the Code of Criminal Procedure, 1973 (herein-after referred to as 'the Code') granting remission of sentences to certain categories of convicts. The said G.O. to the extent relevant is as follows :-