ORDER
1. The petitioners herein have filed the present writ petition invoking the jurisdiction of this Court under Article 226 of the Constitution of India with a prayer to issue an appropriate writ or direction more particularly one in the nature of Writ of Habeas Corpus, directing the respondents herein to produce the petitioners herein before this Court and they may be directed to release the petitioners forthwith after declaring that the detention of the petitioners is illegal and void.
2. The writ affidavit filed by the 1st petitioner herein shows that he is a life convict, who was tried by the Principal Sessions Judge, Khammam in Sessions Case No.121 of 1988 for the offences punishable under sections 148, 452 and 302 read with section 149 IPC along with 13 other accused. Some of them were convicted and some of them were acquitted by the learned Sessions Judge in the said case. In all 14 prisoners were accused in the Sessions Case against whom the order of sentence of life imprisonment was passed by the learned Sessions Judge. Against the said order of conviction and sentence, Criminal Appeal No.933 of 1989 was preferred before this Court by the accused. This Court by its judgment dated 15-3-1990 acquitted the petitioners herein and four others on all charges while confirming the order of conviction against A-4 to A-6. A-4 to A-6 in the said sessions case preferred Criminal Appeal No.411 of 1991 in the Supreme Court of India. A-8 and A-10 in the said sessions case preferred Criminal Appeal No.412 of 1991. The State preferred Criminal Appeal No.413 of 1991 so far as the petitioners herein is concerned. The State did not prefer an appeal against the acquittal of A-5, A-11, A-12 and A-14. All the three appeals were clubbed and heard by the Hon'ble Supreme Court of India. The Supreme Court of India by its judgment dated 8-7-1997 was pleased to dismiss Criminal Appeal Nos.411 and 412 of 1991 while allowing Criminal Appeal No.413 of 1991 preferred by the State. Therefore, the finding of the judgment of this Court in Criminal appeal No.933 of 1989 was reversed and that judgment of the Sessions Judge was confirmed by the Supreme Court of India by its judgment dated 8-7-1997. Thus, the petitioners herein had to surrender for undergoing the life imprisonment in Central Prison, Warangal.
3. It is the further case of the petitioners herein that while they were undergoing sentence, the Government of Andhra Pradesh issued G.O. Ms. No.18, Home (Prisons-C) Department, dated 25-01-2000 granting remission to the prisoners on the occasion of '50th Anniversary of India becoming a Republic' by exercising the powers conferred by Article 161 of the Constitution of India. The G.O., passed by the Government reads as under:
'GOVERNMENT OF ANDHRA PRADESH
ABSTRACT
Prisoners - Grant of remission to prisoners on the occasion of 50th anniversary of India becoming a Republic - Orders- Issued.
Home (Prisons-C) Department
G.O.Ms.No.18 Dated 25-01-2000Read the following:- 1.From the Inspector General of Prisons & Director of Correctional Services, A.P. Hyderabad Lr. No.888/SA2/99 dated 24-12-1999.
2.From the Inspector General of Prisons & Director of Correctional Services, A.P. Hyderabad Lr. No.888/SA2/99 dated 07-01-2000.
3.From the Inspector General of Prisons & Director of Correctional Services, A.P. Hyderabad Lr. No.888/SA2/99 dated 18-01-2000.
O R D E R:
1. On the occasion of the '50th Anniversary of India becoming a Republic' and in exercise of the powers conferred by Article 161 of the Constitution of India, the Governor is hereby pleased to remit the unexpired residue of sentence as on 26-01-2000 of the following categories of prisoners in the State, who have been convicted by Civil Courts of Criminal jurisdiction for offences against laws relating to a matter of which the Executive power of the State extends, subject to the conditions specified in paras (2) & (3) below:
A) All convicted prisoners sentenced to imprisonment for life who have undergone an actual sentence of 7 years and a total sentence of 10 years (including remission) as on 26-01-2000.
B) All convicted prisoners aged 65 years and above, sentenced to imprisonment for life who have undergone an actual sentence of 5 years and a total sentence of 7 years (including remission) as on 26-01-2000.
C) All convicted women prisoners sentenced to imprisonment for life who have undergone an actual sentence of 5 years and a total sentence of 7 years (including remission) as on 26-01-2000.
2. The remission of sentence ordered in para 1 above shall also apply to the prisoners who are undergoing sentence in other States, having been convicted by courts situated within the State of Andhra Pradesh.
3. The remission of sentence ordered in para 1 above shall not apply to the following categories of prisoners, namely:-
1.Prisoners convicted and sentenced by courts situated outside the State of A.P.
2.Prisoners convicted of offences against laws relating to a matter to which the Executive power of the Union extends.
3.Prisoners convicted under Narcotic Drugs and Psychotropic Substances Act, the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, Explosive Substances Act, Indian Explosive Substances Act, Indian Explosive Act and Indian Arms Act, while being sentenced to imprisonment for life.
4.Prisoners convicted for crimes against women such as sections 376 and 354 of IPC, while being sentenced to imprisonment for life.
5.Prisoners convicted for the offences of theft, robbery, decoity and receiving stolen property (ie., sections 379 - 411 IPC while being sentenced to imprisonment for life.
6.Prisoners who have over stayed on parole/furlough for cumulative periods in exercise of 10 years and,
7.Prisoners who have escaped while undergoing the sentence.
4. The Inspector General of Prisons and director of Correctional Services, A.P. Hyderabad is directed to take action for release of the prisoners shown in Annexures - I, II and III to this order, keeping in view the criteria specified in paras (1), (2) and (3) above.
(BY