CH RAMASWAMY Vs. GOVERNMENT OF A P

JUDGEMENT

(1.) The short question that arises for consideration in this writ petition is whether the requirement of giving an opportunity to show cause, contemplated in Rule 973 of the Andhra Pradesh Prisons Rules, 1979 (for short 'the Prison Rules) can be deemed to have been complied with by affording an oral opportunity.

(2.) The petitioner is the prisoner (Convict No.9328, Central Prison, Warangal). He was sentenced to life imprisonment. Accordingly he was sent to jail on September 26, 1984. He would complete that sentence on September 25, 2004. However, in view of the orders of the Government issued in G.O.Ms.No. 3 (Home (P) Department) dated 17-1-1995. and G.O.Ms.No. 4 (Home (P) Department) da ted 17-1-1995, the petitioner was entitled to be released, if as on January 14, 1995 he had undergone ten (10) years of imprisonment after granting remission. The petitioner claimed that he had complied with the requirements of the Government Orders and sought a direction to the respondents to release him from the prison.

(3.) In the counter-affidavit, it is stated, inter alia, that the petitioner has completed, after taking into account the period of remission, only nine years, fiine months and twenty two days as on 14-1-1995. It is also mentioned that the petitioner has over-stayed 674 days, when he was released on parole. For that he was punished by imposing cut of remission of 1245 days and he was also removed from the remission rolls. The punishment was imposed under Rule 973 of the Prison Rules.