Doraiswamy Raju, J. - (1.) The above appeal has been filed against the judgment and order dated 11-7-2000 in Writ Petition No. 4441 of 2000 by a Division Bench of the High Court of Andhra Pradesh dismissing the writ petition along with some other writ petitions also which came to be disposed of by a common judgment. The claim of the petitioner-Sanabolina Nelabala Chandrudu in the writ petition filed before the High Court was that the convict, by name, Sri Sanaboina Satyanarayana, (the appellant now before this Court), the brother of the writ petitioner therein, was tried by the learned Additional Sessions Judge, West Godavari Division at Eluru along with four others for the offence punishable under Ss. 302, 498-A and 201, I.P.C. in Sessions Case No. 4 of 1990, that after completion of the trial, the learned Additional Sessions Judge convicted the brother of the writ petitioner who stood charged as accused No. 1 under S. 302, I.P.C. and sentenced him to undergo imprisonment for life. He was also said to have been convicted under S. 498-A, I.P.C. and sentenced to undergo three years rigorous imprisonment, in addition to the payment of Rs. 1,000/- as fine in default of which to suffer a further six months rigorous imprisonment. Conviction under S. 201, I.P.C. was also made for which he has been sentenced to undergo four years rigorous imprisonment in addition to the payment of Rs. 1,000/- as fine and in default to suffer six months rigorous imprisonment. An appeal filed before the High Court, being Criminal Appeal No. 200 of 1992 was also dismissed on 4-5-1993. The convict was said to have been taken into custody on 25-2-1992 and is undergoing imprisonment.
(2.) While so, it appears that the Governor of the first respondent-State has passed GOMs. No. 18 HOME (PRISONERS-C) DEPARTMENT dated 25-1-2000 in exercise of the powers conferred under Art. 161 of the Constitution of India remitting the unexpired residue of sentence as on 26-1-2000, of the various categories of prisoners in the State who have been convicted by Civil Courts of Criminal Jurisdiction for offences against laws relating to a matter to which the executive power of the State extends, subject to the conditions specified in paras (2) and (3) of the said Government order. The said order came to be passed on the occasion of the 50th Anniversary of India becoming a Republic. The relevant part of the Government order which needs reference for appreciating the grievance of the appellant is as hereunder :- "a) All convicted prisoners sentenced to imprisonment for life who have undergone an actual sentence of 7 years and a total sentence of 10 years (including remission) as on 26-1-2000. (b) and (c) omitted as not relevant for the purposes of the case). 2. (Omitted as not relevant for the present case). 3. The remission of sentence ordered in para 1 above shall not apply to the following categories of prisoners, namely :- (i) Prisoners convicted and sentenced by Courts situated outside the State of A.P. (ii) Prisoners convicted of offences against laws relating to a matter to which the executive power of the Union extends. (iii) Prisoners convicted under Narcotic Drugs and Psychotropic Substances Act, the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, Explosive Substances Act, Indian Explosive Substances Act, Indian Explosive Act and Indian Arms Act, while being sentenced to imprisonment for life. (iv) Prisoners convicted for crimes against women such as Ss. 376 and 354, I.P.C., while being sentenced to imprisonment for life. (v) Prisoners convicted for the offences of theft, robbery, dacoity and receiving stolen property (i.e. Ss. 379 to 411, I.P.C.) while being sentenced to imprisonment for life. (vi) Prisoners who have overstayed on Parole/Furlough for cumulative periods in excess of 10 years and, (vii) Prisoners who have escaped while undergoing the sentence. 4. ********** "
(3.) As indicated earlier, it makes it explicit that the remission order is subject to the conditions specified in paras (2) and (3) above, and therefore, subject to the stipulation contained in item (iv) of para 3.;