- (1.) These appeals by special leave impugn the judgments and orders of Division Benches of the High Court of Madhya Pradesh. The High Court allowed several writ petitions and directed the respondent State to give to the writ petitioners the benefit of a special remission which the State had restricted to prisoners belonging to the Scheduled Castes and Scheduled Tribes and to female prisoners.
(2.) The remission was granted on the occasion of Republic Day, 1978, under the provisions of Section 432(1) of the Code of Criminal Procedure. In clause (i) certain general remissions were granted, with which we are not concerned. Clause (ii) dealt with the special remission and read thus: "Special Remission: In addition to the aforesaid remission all female prisoners and those prisoners as belonging to the scheduled castes and scheduled tribes notified under Article 341 and 342 of Constitution, shall be given by way of Special Remission further remision 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 remission, shall be released. (Note:- Such prisoners shall not be dealt with in accordance with paragraph 1 (c) of this order but shall be dealt with only in accordance with paragraph 2(g) thereof)"
(3.) The principal judgment is in the first appeal. It was followed in the other appeals.;