MUJEEBUNISSA BEGUM Vs. GOVERNMENT OF A.P.

JUDGEMENT

(1.) In this batch of Writ Petitions the action of the respondents in not granting special remission to the convicts, (in Sessions Case No.112 of 1997 on the file of the IV Additional Metropolitan Sessions Judge, Hyderabad undergoing sentence in Cherlapalli Central Prison, Ranga Reddy District), pursuant to G.O.Ms. No.283 Home (Prisons.C) Department dated 30.10.2010 is questioned as being illegal, arbitrary and in violation of principles of natural justice. A consequential direction is sought to the respondents to give them the benefit of G.O.Ms. No.283 dated 30.10.2010, and to release the convicts forthwith. The convicts in these Writ Petitions are Accused Nos.2 to 5 and 9 in S.C.No.112/97. They were convicted for killing Sri M.A. Qadeer, (the then Deputy Secretary of the A.P. State Wakf Board), by the IV Additional Metropolitan Sessions Judge, Hyderabad on 24.01.2003, for offences under Sections 302, 404, 301 and 120-B I.P.C, and were sentenced to life imprisonment. The appeals preferred thereagainst were dismissed by this Court in Criminal Appeal No.141 of 2003 and batch dated 17.10.2003. All the convicts are undergoing life sentence in Cherlapalli Central Prison, Hyderabad. They have undergone actual sentence of 7 years, and a total sentence of 10 years including remission, as on 31.12.2010.

(2.) It is the petitioners case that all the convicts, in this batch of Writ Petitions, are entitled to be released from prison in terms of para 3 of G.O.Ms. No.283 dated 30.10.2010; and para 4(iv) of the said G.O. has no application as the deceased was neither a "public servant" under Section 21 IPC nor was he "on duty" when he was murdered.

(3.) In the counter-affidavit, filed on behalf of the 3rd respondent, it is stated that para 4(iv) of G.O.Ms. No.283 dated 30.10.2010 disentitles prisoners, convicted of the murder of a public servant on duty, from being granted remission; the convicts, in these Writ Petitions, were involved in the murder of the Deputy Secretary of the A.P. State Wakf Board; under Rule 11 of the Andhra Pradesh Fundamental Rules, a Government servant is on duty all around the clock, 24 hours a day; and the case of these life convicts was not favourably considered for release, in view the prohibition in clause (iv) of para 4 of G.O.Ms. No.283 Home (Pri.C) Department dt.30.10.2010.