MOHAN SINGH Vs. STATE OF MADHYA PRADESH
LAWS(MPH)-1980-8-25
HIGH COURT OF MADHYA PRADESH
Decided on August 07,1980

MOHAN SINGH Appellant
VERSUS
STATE OF MADHYA PRADESH Respondents


Cited Judgements :-

KUMARI NIVEDITA JAIN VS. STATE OF MADHYA PRADESH [LAWS(MPH)-1980-11-3] [REFERRED TO]
KARANSINGH VS. STATE OF M P [LAWS(MPH)-1981-8-7] [REFERRED TO]
AZIM SHAH VS. STATE OF MADHYA PRADESH [LAWS(MPH)-1981-8-6] [REFERRED TO]
SHYAMLAL RAJAK VS. STATE OF M P [LAWS(MPH)-1982-10-21] [REFERRED TO]
AMRITLAL VS. STATE OF MADHYA PRADESH [LAWS(MPH)-1984-7-2] [REFERRED TO]
COMMR NAGAR PALIKA NIGAM VS. PATIRAM SHARMA [LAWS(MPH)-1985-12-1] [REFERRED TO]
JAGROOP PRASAD MISHRA VS. STATE OF MADHYA PRADESH [LAWS(MPH)-1997-4-20] [REFERRED]
SHANKAR BABU GHAVALI VS. STATE OF MAHARASHTRA [LAWS(BOM)-1992-11-28] [REFERRED TO]


JUDGEMENT

- (1.)THIS petition under Article 226 of the Constitution is by one Mohan Singh who is a convict and who is undergoing sentence of imprisonment for life. The petitioner was lodged in the Central Jail, Jabalpur, at the time when he sent this petition. On 28th July 1980 when he was brought before us from jail, we were informed that he was transferred to Central Jail, Rewa, after the filing of the present petition. The petitioner's grievance is that on 25th January 1978 the Government issued an order under Section 432 (1) of the Code of Criminal Procedure, 1973, granting certain remissions in which special remissions were allowed to prisoners belonging to the Scheduled Castes and the Scheduled Tribes which were not allowed to other prisoners. The petitioner submits that denial of special remissions to prisoners not belonging to the Scheduled Castes and the Scheduled Tribes violates their fundamental fights under Articles 14 and 15 (1) of the Constitution and that the State should be directed to allow special remissions to the petitioner also.
(2.)THE impugned order in so far as relevant, reads as follows; No. 4531-47/ (e)/27/78/xxib. In exercise of powers conferred under Sub-section (1) of Section 432 of the Code of Criminal Procedure, 1973, the Government of Madhya Pradesh are pleased to grant following remissions to the prisoners sentenced by the Courts in Madhya Pradesh who have been undergoing sentence of imprisonment on ,26th January 197b in the jails of the State or in the jails of other States:
(1) General Remission (a) to the extent of one year in the sentence of those prisoners who have undergone sentence of five years inclusive of remissions;

(b) to the extent of six months in the sentence of those prisoners who have undergone sentence of less than five years and more than two years inclusive of remissions;

(c) to the extent of three months in the sentence of those prisoners who have undergone sentence of less than two years and more than six months inclusive of remissions;

(d) to the extent of fifteen days in the sentence of those prisoners who have undergone sentence of less than six months inclusive of remissions; and

(e) all those prisoners who have undergone sentence of sixteen years or more inclusive of remissions, shall be released.

(2) Special Remission: (a) In addition to the aforesaid remission, all female prisoners and those prisoners as belonging to the Scheduled Castes and Scheduled Tribes notified under Articles 341 and 342 of Constitution, shall be given by way of Special Remission, further remission equal to general remission granted to them under paragraph 1 (a), (b), (c) and (d) of this order.

(b) The female prisoners and the prisoners belonging to Scheduled Castes and Scheduled Tribes who have undergone sentences of fourteen years or more inclusive of remissions, shall be released. (Note.- Such prisoners shall not be dealt with in accordance with paragraph 1 (e) of this order but shall be dealt with only in accordance with paragraph 2 (b) thereof.)

(3.)THE petitioner avers in the petition that the convicts undergoing sentence in jail are treated without any distinction of caste or religion. They are identified not by their caste or religion but by name and number. The special remissions granted to the prisoners belonging to the Scheduled Castes and the Scheduled Tribes and denial of the same to the petitioner violates his right to equality. The return filed by the State Government states that the prisoners belonging to the Scheduled Castes and the Scheduled Tribes constitute one class and special reemissions can be given to them as a class. It further states that the Government has a discretion to give special remission to convicts under Rule 714 of the Jail Manual which reads as follows: 714. State remission is awarded by Government on occasion of public rejoicing. It is granted unconditionally under Section 401 (1), Criminal Procedure Code, and cannot under any circumstances be forfeited.


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