IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE THIRTEENTH DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE D.S.R.VARMA and THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION No. 12051 of 2009 Between: M. Gangavva W/o. Bhuma Gowd Central Prison for Women, Chenchelguda, Hyderabad. ..... PETITIONER AND 1 The State of Andhra Pradesh, rep. by its Principal Secretary Home Department, Secretariat Buildings, Hyderabad. 2 The Director General and Inspector, General of Prisons and Correctional Services, Hyderabad, Andhra Pradesh. 3 The Superintendent Central Prison for Women, Chenchelguda, Hyderabad. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue a writ, order or direction more one in the nature of Writ of Habeas Corpus and direct the respondents herein to release petitioner confined in Central Prison for Women, Chenchelguda, Hyderabad (3rd respondent) and produce before this Hon'ble Court and set her at liberty forthwith by declaring the action of the respondents herein in not releasing the petitioner by extending the benefits of the guidelines issued in G.O.Ms.No.197 Home (Prisons-C) Department, dated 07.08.2007 and by accepting the recommendations of the Selection Committee and deleting the petitioners names while issuing orders in approving the recommendations of the committee vide G.O.Ms.No.168 Home (Prisons-C) Department, dated 14.08.2008 on the occasion of Commemoration of 150 years of 1st War of Independence as illegal, arbitrary, affecting the right to liberty which affects the fundamental rights of the citizen, amounting to wrongful confinement and illegal detention in keeping them in jail beyond 14.08.2008, award damages and to pass Counsel for the Petitioner:SMTA.GAYATRI REDDY Counsel for the Respondent No.: THE ADVOCATE GENERAL The Court made the following : THE HON'BLE SRI JUSTICE D.S.R.VARMA and THE HON'BLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION No.12051 of 2009 ORAL ORDER : (per the Hon’ble Sri Justice B.Seshasayana Reddy) This writ petition has been filed by Smt. M.Gangavva assailing the action of the respondents in not releasing her by extending benefits enumerated in G.O.Ms.No.197 Home (Prisons-C) Department, dated 7.8.2007. 2. The facts, in a nutshell, are that Smt. M.Gangavva, who is the petitioner herein, faced trial for the offence punishable under Section 304-II I.P.C., before the VII Additional District and Sessions Judge (F.T.C.) Nizamabad. After full fledged trial, the learned Additional District and Sessions Judge found her guilty for the offence punishable under Section 304-II I.P.C., and sentenced her to suffer Rigorous Imprisonment for ten years in S.C.No.190 of 2001. While so, on the occasion of Commemoration of 150 years of First War of Independence, the Government of Andhra Pradesh has decided to grant remission of sentence to certain categories of prisoners, who have been convicted for an offence or offences against laws relating to matters to which the Executive power of the State extends. 3. It is the grievance of the petitioner that though she is eligible for consideration of her case for release as provided under G.O.Ms.No.197 Home (Prisons-C) Department, dated 7.8.2007, her case has not been placed before the Committee constituted by the Government. 4. When the writ petition came up for hearing, the learned Assistant Government Pleader representing the learned Advocate General received notices on behalf of the respondents. 5. The 2nd respondent filed a counter affidavit. Sri Lokendra Sharma, Director General and Inspector General of Prisons and Correctional Services, Andhra Pradesh, Hyderabad, has sworn the affidavit filed on behalf of the 2nd respondent. It is stated in the counter affidavit that the case of the petitioner has not been placed before the Committee due to oversight. Para-5 of the counter affidavit needs to be noted and it is thus:- “In reply to the averments made in paras-10 and 11 of the affidavit filed in support of the above writ petition, it is submitted that the High Level Committee which was constituted under G.O.Ms.No.197, dated 7.8.2007 has called for the list of eligible non-life convict prisoners from all the Superintendents of Jails through out the State of Andhra Pradesh as they are the Head of Institutions (Jails). It is submitted that accordingly the 3rd respondent herein forwarded the names of eligible prisoners and all the names forwarded by the 3rd respondent herein were considered by the High Level Committee and their names were also recommended to the Government and were accordingly released. The case of the petitioner herein was not included in the list forwarded by the 3rd respondent herein due to oversight and hence her case was not considered by the High Level Committee and was not recommended to the Government for her release. Hence, the name of the petitioner herein was not placed under G.O.Ms.No.168, dated 14.8.2008 for her release. It is submitted that the High Level Committee recommended the cases of 137 prisoners for the release and the petitioner’s name in the instant Writ Petition was not recommended by the High Level Committee to the Government for her release for the reasons stated above. As such the allegations of mis-calculation or negligence as alleged by the petitioner is not true and correct. The further allegation of wrongful confinement and illegal detention or claim for damages are unfounded and untenable.” 6. Heard Smt. A.Gayathri Reddy, learned counsel appearing for the petitioner and the learned Assistant Government Pleader representing the learned Advocate General appearing for the respondents. 7. The factual aspect that the petitioner’s name being not placed before the High Level Committee constituted under G.O.Ms.No.197 Home (Prisons-C) Department, dated 7.8.2007, is not disputed by the respondents. 8. In that view of the matter, we deem it appropriate to dispose of the writ petition directing the second respondent to include the name of the petitioner for being considered to grant remission by the High Level Committee constituted under G.O.Ms.No.197 Home (Prisons-C) Department, dated 7.8.2007. The entire exercise shall be completed by the High Level Committee to be constituted, if not already constituted, with utmost expedition, preferably within a period of six weeks from the date of receipt of a copy of this order. 9. Accordingly, the writ petition is disposed at the stage of admission. There shall be no order as to costs. ________________________ JUSTICE D.S.R.VARMA ___________________________________ JUSTICE B.SESHASAYANA REDDY 13-07-2009. Msr. THE HON'BLE SRI JUSTICE D.S.R.VARMA and THE HON'BLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION No.12051 of 2009 13-07-2009 (Msr)