- (1.) Challenge in this writ petition under Article 32 of the Constitution of India, 1950 (in short the 'Constitution') is to the order passed by Government of Andhra Pradesh, represented by its Principal Secretary whereby Gowru Venkata Reddy-respondent No.2 was granted remission of unexpired period of about seven years imprisonment. GOMs. No.170 dated 11.8.2005 in this regard is challenged.
(2.) Factual scenario as per petitioners is as follows: Petitioner No.1 is the son of late Sh. Epuru Chinna Ramasubbaiah who was murdered along with another person on 19.10.1995. Petitioner No.2 claims to be the son of one late Sh. Tirupati Reddy who was allegedly murdered by respondent No.2 while he was on bail in the murder case of father of petitioner No.1. In the case relating to the murder of late Sh. Epuru Chinna Ramasubbaiah and one Ambi Reddy, respondent No.2 faced trial and ultimately the matter came before this Court in Criminal Appeal Nos. 519-521 of 2003 which was disposed of by this Court by judgment dated 19.11.2003 and the conviction of respondent No.2 was altered from one under Section 302 of the Indian Penal Code, 1860 (in short the 'IPC') to Section 304(1) read with Section 109 IPC and custodial sentence of 10 years' rigorous imprisonment was imposed. Conviction relating to some other sentences was maintained. On 28.5.2003, the respondent No.3 wife of respondent No.2 submitted a representation for grant of parole to respondent No.2 and on 18.10.2003 parole was granted for a period of 15 days but the same was cancelled on 30.10.2003 by the State Government in view of the report sent by Superintendent of Police, Kurnool that on account of respondent No.2's release on parole there was a likelihood of breach of peace and law and order if the respondent No.2 visits Nandikotkur Assembly Constituency. Respondent No.3 contested the election to the Andhra Pradesh Assembly Election and on 12.5.2004 was elected as member of Legislative Assembly. On 14.5.2004 she made a representation for grant of parole to respondent No.2. Same was granted on 19.5.2004 and was extended from time to time. On 18.7.2004 fourth extension for 15 days was granted. On 10.10.2004 respondent No.3 made a representation to respondent No.1 seeking pardon to respondent No.2 by exercise of power under Article 161 of the Constitution alleging that he was implicated in false cases due to political rivalry. On 18.10.2004 during the pendency of the petition for pardon, one month parole was granted. On 11.8.2005 the Governor of Andhra Pradesh purportedly exercised power under Article 161 of the Constitution and granted remission of the unexpired sentence of respondent No.2. Director General and Inspector General of Police (Correction Services) Andhra Pradesh were directed to take action for release of respondent No.2 and in fact on 12.8.2005 the Superintendent of Central Prison, Cherlapally, R.R. District directed release of respondent No.2.
(3.) The writ petition has been filed inter alia alleging that the grant of remission (described in the writ petition as grant of pardon) was illegal, relevant materials were not placed before the Governor, and without application of mind impugned order was passed. The recommendations made for grant of remission were based on irrelevant and extraneous materials. The factual scenario has not been placed before the Governor in the proper perspective. The sole basis on which respondent No.3 asked for pardon was alleged implication in false cases due to political rivalry. In view of this Court's judgment holding the respondent No.2 guilty, the said plea could not have been even considered as a basis for grant of pardon. Since the grant of pardon is based on consideration of irrelevant materials and non-consideration of relevant materials the same is liable to be set aside.;