IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP No. 3449 of 2008 Date of Decision: 24.09.2008 H.C.Arora ..Petitioner Versus State of Punjab & another ..Respondents CORAM: HON'BLE MR. JUSTICE T.S.THAKUR,CHIEF JUSTICE HON'BLE MR. JUSTICE SURYA KANT Present : Petitioner in person Ms. Madhu Dayal, DAG Punjab for the respondents ***** T.S.Thakur, C.J. (Oral) The power to grant remission in sentence awarded to a convict is clearly available to the Government under Section 432 of the Code of Criminal Procedure. In terms of an order dated 9.7.2004, issued by the State Government, certain guidelines have been framed for the exercise of that power. A reading of the said order would show that the benefit of remission is made inadmissible in as many as eight different categories of cases including cases involving culpable homicide with rape and offences against children, offences in ghastly murders, double murders and in dowry death cases. Mr. Arora, who appears in person, argues that the benefit of remission should not be admissible to those convicted for rape punishable under Section 376 of the Indian Penal Code. He submits that since the offence of rape is committed against the weaker sex, the State Government could include the offence of rape also as one of the excepted offence in CWP No. 3449 of 2008 [2] which remission should not be admissible. Having given our careful consideration to the submission of Mr. Arora, we are of the opinion that we cannot authoritatively pronounce upon the desirability of excluding sentences imposed upon convicts for offences punishable under Section 376 of the Indian Penal Code from the purview of the power of granting remissions under section 432 of the Cr.P.C. in a public interest litigation. The proper course for the petitioner is to make an appropriate representation to the Government concerned which representation, if made, shall be considered by the government and appropriate orders, considered just and proper, issued on the subject. This writ petition is disposed off with the above observation. No costs. (T.S.THAKUR) CHIEF JUSTICE (SURYA KANT) 24.09.2008 JUDGE 'ravinder'