IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY SIXTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE D.S.R.VARMA and THE HON'BLE MR JUSTICE K.C. BHANU WRIT PETITION No. 19128 of 2008 Between: Vasupalli Padma, W/o. Badaiah, R/o. Chepala Uppada Post, Bhimili Mandal, Visakhapatnam District. ..... PETITIONER AND 1 The Government of Andhra Pradesh, Rep by its Principal Secretary, Home Department, Secretariat buildings, Hyderabad. 2 The Director General & Inspector General of Prisons & Correctional Services, A.P.Hyderabad. 3 The Superintendent General of Prisons, Visakhapatnam. .....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 issue a Writ or order or direction more particularly one in the nature of writ of habeas Corpus declaring the action of the respondents in detaining Sri Bodaiah, C.T.No.6741 illegally without extending the beneﬁt of granting special remission to the non-life convicted prisoners who have fulﬁlled the conditions stipulated in G.O.Ms.No.197, dated 7-8-2007 as on the date of issuance of the G.O.Ms.No.168, dated 14-8-2008 without taking the cut oﬀ date is 14-8-2008 and taking the cut oﬀ date as 30.04.2008 for no apparent reason as being illegal, arbitrary and is in violation of Articles 14 and 21 of the Constitution of India and consequently direct the respondents to release Sri Bodaiah, C.T.No.6741 forthwith and pass Counsel for the Petitioner : MR.T.PRASANNA KUMAR Counsel for the Respondents : THE ADVOCATE GENERAL The Court made the following : THE HON’BLE SRI JUSTICE D.S.R. VARMA AND THE HON’BLE SRI JUSTICE K.C. BHANU WRIT PETITION No.19128 of 2008 ORAL ORDER: (per the Hon’ble Sri Justice D.S.R.Varma) Heard learned counsel appearing for the petitioner, as well as the learned Assistant Government Pleader, representing the learned Advocate General, appearing for the respondents. 2. The present Writ of Habeas Corpus is ﬁled by the petitioner declaring the action of the respondents in detaining her husband viz., Sri Bodaiah, C.T.No.6741 (for brevity “the alleged detenu”) illegally without extending the beneﬁt of special remission to the non-life convicted prisoners who have fulﬁlled the conditions stipulated in G.O.Ms.No.197, Home (Prisons.C) Department, dated 07-08- 2007, as on the date of issuance of G.O.Ms.No.168, Home (Prisons.C) Department, dated 14-08-2008, without taking the cut-off date as 14-08-2008 and taking the cut-oﬀ date as 30-04-2008, as being arbitrary, illegal and in violation of Articles 14 and 21 of the Constitution of India and consequently direct the respondents to release the alleged detenu, forthwith. 3. The factual background is that the Government of Andhra Pradesh had taken a policy decision to release the prisoners on the eve of commemoration of 150 years of First War of Independence, subject to certain conditions and accordingly issued two G.Os., i.e., (1) G.O.Ms.No.196, dated 07-08-2007, and (2) G.O.Ms.No.197, dated 07-08-2007, which deal with the life convicts and non-life convicts, respectively. Both the G.Os. were challenged before the apex Court by way of Public Interest Litigation. Initially, the apex Court, by order dated 16-08-2007, in W.P.(Crl.) No.100 of 2007, stayed the operation of G.O.Ms.No.197, dated 07-08-2007. Subsequently, by order dated 08-02-2008, vacated the said interim orders in respect of the non-life convicts. However, the case as against the other G.O. i.e., G.O.Ms.No.196, dated 07-08-2007, relating to life convicts is still pending before the apex Court and pendency of the said case has no bearing on the present writ petition. 4. Be that as it may, the Government of Andhra Pradesh had taken a fresh decision by issuing G.O.Ms.No.168, Home (Prisons.C) Department, dated 14-08-2008, pertaining to the non-life convicts, on the same ground of commemoration of 150 years of First War of Independence and prescribed certain conditions. The important condition among other conditions, which is relevant for the purpose of the present case, is that the prisoners, who have completed half of the sentence imposed against them, including the remission, by 30-04-2008 are eligible to have the beneﬁt of special remission under the said G.O. Accordingly, some of the prisoners, who are eligible, have been identiﬁed and they were released. 5. Now, the grievance of the petitioner is that the beneﬁt of remission under G.O.Ms.No.168, dated 14-08-2008, ought to have been extended to the prisoners from the date of issuance of the above said G.O., i.e., 14-08-2008, instead of the date prescribed in the G.O., i.e., 30-04-2008, subject to satisfaction of the other conditions mentioned therein. 6. It is the contention of the learned counsel for the petitioner that the beneﬁt of special remission given to the non-life convicts shall be given eﬀect to with eﬀect from the date of issuance of the G.O., i.e., 14-08-2008 instead of prescribing the cut-off date as 30-04-2008. 7. At the outset, we may have to make it clear that no prisoner has any vested right to have the beneﬁt of release before completion of the term of sentence imposed by a Court of law. However, the same is with the discretion of the Government to consider the cases of the prisoners basing on various rationale considerations. When this power is totally in the domain of the Executive, it is not for the petitioner to question such a G.O., particularly seeking impleadment of the name of the alleged detenu in the list of prisoners, who have been granted the beneﬁt of special remission, unless and until the conditions incorporated in the G.O., are palpably arbitrary and irrational, and which do not stand to the judicial scrutiny. 8. The only point raised in this writ petition is that the beneﬁt of special remission ought to have been given from the date of issuance of G.O.Ms.No.168, dated 14-08-2008, instead of prescribing the cut-oﬀ date as 30-04-2008. This again is totally within the discretion of the Executive and we do not ﬁnd any apparent irrationality or arbitrariness in ﬁxing the cut-off date as 30-04-2008. 9. Incidentally, the learned Assistant Government Pleader brought to the notice of this Court that the alleged detenu did not even complete half of the sentence imposed against him. Though this is actually not relevant in the light of the present G.O. i.e., G.O.Ms.No.168, dated 14-08-2008, in a way, remotely it is relevant in the light of the earlier G.O. i.e., G.O.Ms.No.197, dated 07-08-2007. 10. Having regard to the facts and circumstances, we are of the view that the present writ petition is misconceived and the same does not call for interference by this Court. 11. Accordingly, the writ petition is dismissed, at the stage of admission. There shall be no order as to costs. ________________________ JUSTICE D.S.R. VARMA _______________________ JUSTICE K.C. BHANU 26-09-2008 Msr ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Principal Secretary to Government, Home Department, Government of A.P., Secretariat Buildings, Hyderabad. 2 The Director General & Inspector General of Prisons & Correctional Services, A.P.Hyderabad. 3 The Superintendent General of Prisons, Visakhapatnam. 4. Two CCs to the Advocate General, Government of A.P., High Court Buildings, Hyderabad (OUT). 5. Two CD copies THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE K.C. BHANU WRIT PETITION No.19128 of 2008 26-09-2008 (Msr)