MOHAN SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS petition under Article 226 of the Constitution is by one Mohan Singh who is a convict and who is undergoing sentence of imprisonment for life. The petitioner was lodged in the Central Jail, Jabalpur, at the time when he sent this petition. On 28th July 1980 when he was brought before us from jail, we were informed that he was transferred to Central Jail, Rewa, after the filing of the present petition. The petitioner's grievance is that on 25th January 1978 the Government issued an order under Section 432 (1) of the Code of Criminal Procedure, 1973, granting certain remissions in which special remissions were allowed to prisoners belonging to the Scheduled Castes and the Scheduled Tribes which were not allowed to other prisoners. The petitioner submits that denial of special remissions to prisoners not belonging to the Scheduled Castes and the Scheduled Tribes violates their fundamental fights under Articles 14 and 15 (1) of the Constitution and that the State should be directed to allow special remissions to the petitioner also.

(2.) THE impugned order in so far as relevant, reads as follows; No. 4531-47/ (e)/27/78/xxib. In exercise of powers conferred under Sub-section (1) of Section 432 of the Code of Criminal Procedure, 1973, the Government of Madhya Pradesh are pleased to grant following remissions to the prisoners sentenced by the Courts in Madhya Pradesh who have been undergoing sentence of imprisonment on ,26th January 197b in the jails of the State or in the jails of other States:

(3.) THE petitioner avers in the petition that the convicts undergoing sentence in jail are treated without any distinction of caste or religion. They are identified not by their caste or religion but by name and number. The special remissions granted to the prisoners belonging to the Scheduled Castes and the Scheduled Tribes and denial of the same to the petitioner violates his right to equality. The return filed by the State Government states that the prisoners belonging to the Scheduled Castes and the Scheduled Tribes constitute one class and special reemissions can be given to them as a class. It further states that the Government has a discretion to give special remission to convicts under Rule 714 of the Jail Manual which reads as follows: 714. State remission is awarded by Government on occasion of public rejoicing. It is granted unconditionally under Section 401 (1), Criminal Procedure Code, and cannot under any circumstances be forfeited.