STATE OF ANDHRA PRADESH Vs. G M MOREY
SUPREME COURT OF INDIA
STATE OF ANDHRA PRADESH
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O. Chinnappa Reddy, J. -
(1.) We see no merit in the appeal and we accordingly reject it. Frank and fair as usual, Shri K. Parasaran, learned Solicitor General, invited us to consider whether the point of view which he was presenting to us would make any difference to the view expressed by the Court in Morey v. State of Andhra Pradesh, Criminal Appeal No. 247 of 1981. What we now say is, therefore, a post-script to what the court has said in Morey v. State of Andhra Pradesh. The learned Solicitor General argued that G.O.M.S. No. 557 was earlier in point of time than the pronouncement of this court in Maru Ram v. Union of India, (1981) 1 SCR 1196 and that at that time, it was thought that Section 433A, Cr. P. C. was retrospective and applied equally to those convicted and sentenced before that provision came into force as to those convicted and sentenced thereafter. He also suggested that there was no need at all to except those who were governed by S. 433A, Cr. P. C. from the G.O., since the Government could not in any event remit the sentences of those governed by S. 433A, Cr. P. C. We are unable to agree with the submissions of the learned Solicitor General.
(2.) In Maru Ram v. Union of India, the court merely declared the law and did not make it. The law declared by the court must be considered to have always been so. The G.O. has necessarily to be construed in the light of construction placed upon S. 433A, Cr. P.C. by this court in Maru Ram v. Union of India.
(3.) Now, what was the object of Section 433A, Cr. P. C. It was that those governed by it shall not be released unless they have served a sentence of at least 14 years imprisonment. S. 433A, Cr. P. C. does not govern all life convicts. It does not apply to those convicted and sentenced to life imprisonment before its commencement. It does not apply to those convicted and sentenced to life imprisonment for offences not punishable with death, such as, Ss. 304, 307, 326, I.P.C. etc.;
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