STATE OF M.P. Vs. MOHAN SINGH

JUDGEMENT

(1.) THESE appeals by special leave impugn the judgments and orders of Division Benches of the High Court of Madhya Pradesh. The High Court allowed several writ petitions and directed the respondent State to give to the writ petitioners the benefit of a special remission which the State had restricted to prisoners belonging to the Scheduled Castes and Scheduled Tribes and to female prisoners.

(2.) THE remission was granted on the occasion of Republic Day, 1978, under the provisions of section 432 (1) of the Code of Criminal Procedure. In Clause (i) certain general remissions were granted, with which we are not concerned. Clause (ii) dealt with the special remission and read thus :

(3.) THE writ petitioners contended that the special remission granted to prisoners belonging to the Scheduled Castes and Scheduled Tribes and denied to other prisoners, such as the writ petitioner, violated their right to equality. He prayed that the State should be directed to allow the special remission to him. The contention of the State in its return was that prisoners belonging to the Scheduled Castes and Scheduled Tribes constituted a class and the special remission could validly be given to them. The High Court came to the conclusion that the benefit of Article 15 (4), which the State relied upon, was unavailable as a defence inasmuch as the provision for special remission could not be said to have been made for the advancement of the Scheduled Castes and Scheduled Tribes. The grant of special remission to prisoners belonging to the Scheduled Castes and Scheduled Tribes and denial of the same to other prisoners amounted to discrimination. The High Court upheld the argument of the writ petitioner thus: