THE HON’BLE MR JUSTICE L. NARASIMHA REDDY Writ Petition No.3230 of 2010 ORDER: The petitioner states that the persons named in the prayer are convicted after trial in S.C.No.178 of 1999 in the Court of I Additional Sessions Judge, Nalgonda and that they were sentenced to undergo imprisonment of life. The conviction and sentence is said to have become final and that they are serving sentences in the Cherlapalli Prison. The Government of A.P. issued G.O.Ms.No.338, Home (Prison-C) Department, dated 24.07.2009 directing release of different categories of prisoners subject to certain conditions as mentioned in clause (3) thereof. It is stated that the convicts named in the instant case are entitled for the benefit of pre-mature release in terms of that G.O. The petitioner complains that the respondents are not extending the benefit under the G.O. to the convicts, on the ground that the deceased was a ‘public servant’. It is urged that the deceased was only a Sarpanch and he does not answer the description of ‘public servant’ as defined under Section 21 of I.P.C. Reliance is placed upon a judgment, dated 28.01.2010 rendered by a Division Bench of this Court in W.P.No.22823 of 2009 and batch. Heard the learned counsel for the petitioner and the learned Government Pleader for Home. In the ordinary course, the convicts mentioned in the writ petition are under obligation to serve the life sentences imposed on them. The Government issued G.O.Ms.No.338 provided for pre-mature release, subject to certain conditions. The relevant conditions are contained in clauses (3) and (4) thereof, which read as under: (3) The Government hereby issue the following guidelines giving one time exemption to the orders issued in the reference first read above, to consider the cases of following categories of prisoners in the State, who have been convicted by Civil Courts of criminal jurisdiction: a) All convicted women prisoners sentenced to imprisonment for life who have undergone an actual sentence of 5 years and total sentence of 7 years including remission as on 15.08.2009. b) All decrepit prisoners as defined in Rule 321(h) of A.P. Prison Rules, 1979, r/w G.O.Ms.No.44, Home (Prinsons.B2) Department, dated 16.03.2007. c) All the convicted prisoners sentenced to imprisonment for life including those governed by Section 433-A, Code of Criminal Procedure, 1973 (Central Act 2 of 1974) aged more than 65 years and have undergone an actual sentence of 5 years and total sentence of 7 years including remission as on 15.08.2009. d) All the convicted prisoners sentenced to imprisonment for life including those governed by section 433-A, Code of Criminal Procedure, 1973 (Central Act 2 of 1974) and who have undergone an actual sentence of 7 years and total sentence of 10 years including remission as on 15.08.2009 and; (4) The remission of sentence in para (3) above shall also apply to prisoners, who have been convicted by Courts situated within the State of Andhra Pradesh and are undergoing sentence in other States, but shall not apply to the following categories of prisoners, namely; (i) Prisoners convicted and sentenced by Courts situated outside the State of Andhra Pradesh; (ii) Prisoners convicted of offences against laws relating to a matter to which the executive powers of the Union extends; (iii) Prisoners involved in and convicted for offences related to communal incidents; (iv) Prisoners convicted of murder of Public Servants on duty; (v) Prisoners convicted under the Essential Commodities Act; (vi) Prisoners convicted under the Protection of Civil Rights Act, 1955; (vii) Prisoners convicted under the Andhra Pradesh Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989; (viii) Prisoners convicted for crimes against women under Section 354, 376 and 498 A IPC while being sentenced to imprisonment for life. (ix) Prisoners sentences to death sentence, which is later commuted to life sentence; (x) Life convicted prisoners who have availed either parole/furlough during the preceding two years and not surrendered in time. It is asserted that the convicts in the instant case satisfied the conditions stipulated in clause (3) of the G.O., but are denied the benefit of pre-mature release on the ground that the person murdered was a ‘public servant on duty’. The record discloses that the deceased was a Sarpanch. In W.P.No.22823 of 2009 and batch, a Division Bench of this Court examined the question as to whether the ‘Sarpanch or Upa-Sarpanch’ elected under the A.P. Panchayat Raj Act can be treated as a ‘public servant’. After referring to the relevant provisions of law, this Court held that a ‘Sarpanch or Upa-Sarpanch’ cannot be treated as ‘public servant’. The relevant portion reads as under: 15. In this context, since we have already expressed our view as regards the first part of the expression “public interest” as contained in G.O.Ms.No.338, Home (Prison-C) Department, dated 24.7.2009, and eventually held that a Sarpanch or a Upa-Sarpanch cannot be held to be a public servant, virtually the examination of the second part regarding whether the deceased- Sarpanch was actually ‘on duty’ or not, is rather superfluous. Therefore, we are not expressing any view on that aspect. Therefore, in case, the convicts named in the writ petition have fulfilled the conditions in clause (3) of the G.O., and in case, the person for whose murder, they were convicted, was a Sarpanch or Upa-Sarpanch, they are entitled to the benefit. However, these are matters, which need to be examined by the Government in its Home Department. Hence, the writ petition is disposed of directing that persons named in the writ petition, who are convicted in S.C.No.178 of 1999 and are undergoing life imprisonment, shall be entitled to be released, in case they have served the actual sentence together with the remission as provided for under clause (3) of G.O.Ms.No.338, provided the deceased in the crime was a Sarpanch and not any other public servant. The verification in this regard shall be completed by the 1st respondent and consequential directions shall be issued to the Superintendent of the Jail, within one (1) week from the date of receipt of a copy of this order. There shall be no order as to costs. __________ 19.02.2010 Note: Issue C.C. in two days. (B/o) JSU THE HON’BLE MR JUSTICE L. NARASIMHA REDDY Writ Petition No.3230 of 2010 Date: 19.02.2010 JSU