B.NAGARJUNA Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This Writ Petition is filed for issue of Habeas Corpus directing the respondents to produce K.Eswar Rao @ Eswaraiah (for short 'the alleged detenu'), before the Court and set him at liberty by declaring the action of the respondents in not giving remission to him in terms of G.O.Ms.No.8, dated 23-01-2018, on par with the similarly situated convict prisoners as illegal and violative of Art. 14 of the Constitution of India.

(2.) The brief facts leading to the filing of this Writ Petition are that by Judgment, dated 31-03-2009, in SC.No.106 of 2008, on the file of the VI Additional Sessions Judge (FTC), Prakasam at Markapur, the alleged detenu was convicted inter alia for the offence punishable under Sec. 302 Penal Code and sentenced to undergo Imprisonment for Life. Criminal Appeal No.749 of 2009 filed by him against the said Judgment was dismissed by a Division Bench of this Court vide Judgment, dated 04-12-2013.

(3.) In the affidavit, filed in support of the Writ Petition, the petitioner, who is the nephew of the alleged detenu, averred that the latter has undergone more than seven years of actual sentence including the remand period and more than ten years of total sentence including remission as on 26-01-2018 and that the State of Andhra Pradesh granted special remission to the life convicts on the occasion of Republic Day during the year 2018 by issuing G.O.Ms.No.80, dated 26-01-2018. The petitioner further averred that the alleged detenu is entitled to the special remission as per the said GO; that the benefit of the said GO was extended to four similarly placed convict prisoners viz., Sri Kollayappa, Sri Prakasam and two others; that they were released on 26-01-2018; that the alleged detenu's name was not forwarded by respondent No.4 to the Government for grant of special remission; and that till date, he is lodged in jail, which is illegal.