Pothuraju Srinivasa Rao Vs the State of Ap

Yedurupalli Mangayya @ Manga Raju, S/o Laxmayya, aged^about51 years, R/o. Yetipalli (v), Gangavaram (M). East Godavari District, A.P State, at present Central Prison, Rajamahendravaram, East Godavari District.

¶10

...Petitioner

¶11

AND

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The State of Andhra Pradesh, Rep. by its Principal Secretary, Home Department, Secretariat, Velagapudi, Amaravathi, Guntur^District.

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The Secretary to Government, Legal affairs. Law Department, Secretariat, Velagapudi, Amaravathi, Guntur District.

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The Director General of Police, Government of Andhra Pradesh, Mangalagiri, Guntur District

¶15

The Director General of Prisons and Correctional Services, Andhra Pradesh, Vijayawada, Krishna District.

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The Superintendent, Central Prison, Rajamahendravaram.^{E.G.District.}

¶17

...Respondents

¶18

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue writ of Mandamus for declaring the inaction of the Respondents in not releasing me from prison is arbitrary, illegal and violation of Articles 21 of the Constitution of India and consequently direct the Respondents to release me immediately thereof by giving special remission as per G.O.MS.No.190 dated 07.08.2004.

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Counsel for the Petitioner: M/S A SWARUPA REDDY

¶20

Counsel for the Respondent Nos. 1, 3 to 5: GP FOR HOME Counsel for the Respondent No. 2: GP FOR LAW LEGISLATIVE AFFAIRS

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APHC010219662023

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WRIT PETITION NO: 11531 OF 2023

¶23

Between:

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Angela Narasimha Murty, S/o Gandhi, aged about 46 years, R/o. Tamarada (v), Tanuku (M), West Godavari District, A.P State, at present Central Prison, Rajamahendravaram, East Godavari District.

¶25

...Petitioner

¶26

AND

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The State of Andhra Pradesh, Rep. by its Principal Secretary, Home Department, Secretariat, Velagapudi, Amaravathi, Guntur District.

¶28

The Secretary to Government, Legal affairs. Law Department, Secretariat, Velagapudi, Amaravathi, Guntur District.

¶29

The Director General of Police, Government of Andhra Pradesh Mangalagiri, Guntur District.

¶30

pi

¶31

'.V'4.

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The Director General of Prisons and Correctional Services, Andhra Pradesh, Vijayawada, Krishna District.

¶33

The Superintendent, Central Prison, Rajamahendravaram,^E.G.District

¶34

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue writ of Mandamus for declaring the inaction of the Respondents in not releasing me from prison is arbitrary,^illegal and^violation of Articles 21 of the Constitution of India and consequently^direct the Respondents to release me immediately thereof by giving^{specialremission} as per G.O.MS.No.190 dated 07.08.2004.

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Counsel for the Petitioner: M/S A SWARUPA REDDY

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Counsel for the Respondent Nos. 1, 3 to 5: GP FOR HOME

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Counsel for the Respondent No. 2: GP FOR LAW LEGISLATIVE AFFAIRS

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APHC010219702023

¶39

WRIT PETITION NO: 11532 OF 2023

¶40

Between:

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Bondada Nagaraju, S/o Subbarao, aged about 52 years,^{R/o.Bhujabala} Patnam (v). Kaikaluru (M), Eluru District, A.P State,^{atpresentCentral} Prison, Rajamahendravaram, East Godavari District

¶42

...Petitioner

¶43

AND

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The State of Andhra Pradesh, Rep. by its Principal Secretary, Home Department, Secretariat, Velagapudi, Amaravathi, Guntur^District.

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The Secretary to Government, Legal affairs. Law Department, Secretariat, Velagapudi, Amaravathi, Guntur District.

¶46

W m w

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The Director General of Police, Government of Andhra Pradesh. Mangalagiri, Guntur District. 4. The Director General of Prisons and Correctional Services, Andhra Pradesh, Vijayawada, Krishna District.

¶48

The Superintendent, Central Prison, Rajamahendravaram,^E.G.District

¶49

...Respondents

¶50

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue writ of Mandamus for declaring the inaction of the Respondents in not releasing me from prison is arbitrary, illegal and violation of Articles 21 of the Constitution of India and consequently direct the Respondents to release me immediately thereof by giving special remission as perG.O MS.No.19 dated ^7.01.2000.

¶51

Counsel for the Petitioner: M/S A SWARUPA REDDY

¶52

Counsel for the Respondent Nos. 1, 3 to 5: GP FOR HOME Counsel for the Respondent No. 2: GP FOR LAW LEGISLATIVE AFFAIRS

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APHC010219752023

¶54

WRIT PETITION NO: 11537 OF 2023

¶55

Between:

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Appikatia Subba Rao, S/o Veeraswamy, aged about 49 years, R/o. Kornupada (v), Pedaparapudi (M), Krishna District, A.P State, at present Central Prison, Rajamahendravaram, East Godavari^District. ...Petitioner

¶57

AND

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The State of Andhra Pradesh, Rep. by its Principal Secretary, Home Department, Secretariat, Velagapudi, Amaravathi, Guntur^District.

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The Secretary to Government, Legal affairs. Law Department, Secretariat, Velagapudi, Amaravathi, Guntur District.

¶60

The Director General of Police, Government of Andhra Pradesh, Mangalagiri, Guntur District.

¶61

The Director General of Prisons and Correctional Services, Andhra Pradesh, Vijayawada, Krishna District.

¶62

The Superintendent, Central Prison, Rajamahendravaram,^{E.G.District.}

¶63

...Respondents

¶64

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue writ of Mandamus for declaring the inaction of the Respondents in not releasing me from prison is arbitrary, illegal and violation of Articles 21 of the Constitution of India and consequently direct the Respondents to release me immediately thereof by giving special remission as per G O.MS.No.190 dated 07.08.2004.

¶65

Counsel for the Petitioner: M/S A SWARUPA REDDY

¶66

Counsel for the Respondent Nos. 1, 3 to 5: GP FOR HOME Counsel for the Respondent No. 2: GP FOR LAW LEGISLATIVE AFFAIRS

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APHC010219642023

¶68

WRIT PETITION NO: 11543 OF 2023

¶69

Between:

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Kamana Venkanna @ Venkaiah @ Venkata RAO, S/o Arjunudu,aged about 62 years, Kakiaram (v), Ungutuur (M), West Godavari District, at present Central Prison, Rajamahendravaram, East^{GodavariDistrict.}

¶71

...Petitioner

¶72

AND

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The State of Andhra Pradesh, Rep. by its Principal Secretary, Home Department, Secretariat, Velagapudi, Amaravathi, Guntur^District.

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The Secretary to Government, Legal affairs. Law Department, Secretariat, Velagapudi, Amaravathi, Guntur District.

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The Director General of Police, Government of Andhra Pradesh, Mangalagiri, Guntur District.

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The Director General of Prisons and Correctional Services, Andhra Pradesh, Vijayawada, Krishna District.

¶77

The Superintendent, Central Prison, Rajamahendravaram,^{E.G.District.}

¶78

...Respondents

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Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue writ of Mandamus for declaring the inaction of the Respondents in not releasing me from prison is arbitrary, illegal and violation of Articles 21 of the Constitution of India and consequently direct the Respondents to release me immediately thereof by giving special remission as per G.O.MS.No.557 dated 30.10.1980.

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Counsel for the Petitioner: M/S A SWARUPA REDDY

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Counsel for the Respondent Nos. 1, 3 to 5: GP FOR HOME

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Counsel for the Respondent No. 2: GP FOR LAW LEGISLATIVE AFFAIRS

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APHC010219902023

¶84

WRIT PETITION NO: 11544 OF 2023

¶85

Between:

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Sirikonda Venkata Krishna, S/o Seethaiah, Aged about 53 years,^R/o 1st Ward, D. No.01-03-9, Kovvuru, West Godavari District, A.P State, District. at present Central Prison, Rajamahendravaram, East Godavari

¶87

...Petitioner

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AND

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The State of Andhra Pradesh, Rep. by its Principal^Secretary, Home Department, Secretariat, Velagapudi, Amaravathi, Guntur District.

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The Secretary to Government, Legal affairs. Law Department, Secretariat, Velagapudi, Amaravathi, Guntur District.

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The Director General of Police, Government of Andhra Pradesh Mangalagiri, Guntur District.

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The Director General of Prisons and Correctional Services,^Andhra Pradesh, Vijayawada, Krishna District.

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The Superintendent, Central Prison, Rajamahendravaram,^{E.G.District.}

¶94

...Respondents

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Petition under Article 226 of the Constitution of India^{prayingthatinthe} circumstances stated in the affidavit filed therewith,^{theHighCourtmaybe} pleased to issue writ of Mandamus for declaring the inaction of the Respondents in not releasing me from prison is arbitrary,^{illegalandviolation} of Articles 21 of the Constitution of India and consequently direct the Respondents to release me immediately thereof by giving^{specialremission} as per G.O.MS.No.190 dated 07.08.2004.

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Counsel for the Petitioner: M/S A SWARUPA REDDY

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Counsel for the Respondent Nos. 1, 3 to 5: GP FOR HOME Counsel for the Respondent No. 2: GP FOR LAW LEGISLATIVE AFFAIRS

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APHC010219772023

¶99

WRIT PETITION NO: 11545 OF 2023

¶100

Between:

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Malka Mosey, S/o Ramaiah, aged about 60 years, R/o.^{Kapavaram(v),} Bikkavolu (M), East Godavari District, A.P State, at^{presentCentral} Prison, Rajamahendravaram, East Godavari District

¶102

...Petitioner

¶103

AND

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The State of Andhra Pradesh, Rep. by its Principal^Secretary, Home Department, Secretariat, Velagapudi, Amaravathi, Guntur District.

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The Secretary to Government, Legal affairs, Law Department, Secretariat, Velagapudi, Amaravathi, Guntur District.

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The Director General of Police, Government of Andhra Pradesh Mangalagiri, Guntur District.

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The Director General of Prisons and Correctional^Services, , Andhra Pradesh, Vijayawada, Krishna District.

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The Superintendent Central Prison, Rajamahendravaram,^E.G.District

¶109

...Respondents

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Petition under Article 226 of the Constitution of India^{prayingthatinthe} circumstances stated in the affidavit filed therewith,^{theHighCourtmaybe} writ of Mandamus for declaring the inaction of the pleased to issue Respondents in not releasing me from prison is arbitrary,^{illegalandviolation} of Articles 21 of the Constitution of India and consequently direct the Respondents to release me immediately thereof by giving^{specialremission} as perG.O.MS.No.192 dated 11.08.1997.

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Counsel for the Petitioner: M/S A SWARUPA REDDY

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Counsel for the Respondent Nos. 1, 3 to 5: GP FOR HOME Counsel for the Respondent No. 2: GP FOR LAW LEGISLATIVE AFFAIRS

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APHC010219792023

¶114

"i

¶115

WRIT PETITION NO: 11549 OF 2023

¶116

Between:

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Immadi Prabhakara Rao, S/o Sambaiah, Aged about 53 years, R/o. Karakavaagu (v), Palavancha (M), Khammam District,^{TelanganaState,} at present Central Prison, Rajamahendravaram, East^{GodavariDistrict}

¶118

...Petitioner

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The State of Andhra Pradesh, Rep. by its Principal Secretary, Home Department, Secretariat, Velagapudi, Amaravathi, Guntur^District.

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The Secretary to Government, Legal affairs. Law Department, Secretariat, Velagapudi, Amaravathi, Guntur District.

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The Director General of Police, Government of Andhra Pradesh, Mangalagiri, Guntur District.

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The Director General of Prisons and Correctional Services, Andhra Pradesh, Vijayawada, Krishna District.

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The Superintendent, Central Prison, Rajamahendravaram,^{E.G.District.}

¶124

...Respondents

¶125

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue writ of Mandamus for declaring the inaction of the Respondents in not releasing me from prison is arbitrary, illegal and violation of Articles 21 of the Constitution of India and consequently direct the Respondents to release me immediately thereof by giving special remission as per G.O.MS.No.190 dated 07.08.2004.

¶126

Counsel for the Petitioner: M/S A SWARUPA REDDY

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Counsel for the Respondent Nos. 1, 3 to 5: GP FOR HOME Counsel for the Respondent No. 2: GP FOR LAW LEGISLATIVE AFFAIRS

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APHC010219872023

¶129

WRIT PETITION NO: 11605 OF 2023

¶130

Between:

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Shaik Moulali, S/o Meeravali, aged about 41 years, R/o. Penumaka (v), Tadepalli (M), Guntur District. A.P State, at present Central Prison, Rajamahendravaram, East Godavari District

¶132

...Petitioner

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AND

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The State of Andhra Pradesh, Rep. by its Principal Secretary, Home Department, Secretariat, Velagapudi, Amaravathi, Guntur^District.

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The Secretary to Government, Legal affairs. Law Department, Secretariat, Velagapudi, Amaravathi, Guntur District.

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The Director General of Police, Government of Andhra Pradesh. Mangalagiri, Guntur District.

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The Director General of Prisons and Correctional Services, Andhra Pradesh, Vijayawada, Krishna District.

¶138

The Superintendent, Central Prison, Rajamahendravaram,^{E.G.District.}

¶139

...Respondents

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Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue writ of Mandamus for declaring the inaction of the

¶141

mm''

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Respondents in not releasing me from prison is arbitrary,^{illegalandviolation} of Articles 21 of the Constitution of India and consequently direct the Respondents to release me immediately thereof by giving^{specialremission} as per G.O.MS.No.190 dated 07.08.2004.

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Counsel for the Petitioner: M/S A SWARUPA REDDY

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Counsel for the Respondent Nos. 1, 3 to 5: GP FOR HOME

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Counsel for the Respondent No. 2: GP FOR LAW LEGISLATIVE AFFAIRS

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APHC010023082024

¶147

WRIT PETITION NO: 1403 OF 2024

¶148

Between:

¶149

Pothuraju Srinivasa Rao, S/o Jaggaiah, Aged about 56^years, R/o Magollu village, Nandigama Mandal, Krishna district,^AP State, At present Central Prison, Rajamahendravaram, East Godavari^District

¶150

...Petitioner

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AND

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The State of Andhra Pradesh, Rep. by its Principal^Secretary, Home Department, Secretariat Velagapudi, Amaravathi. Guntur^District.

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The Secretary to Government, Legal affairs. Law Department, Secretariat, Velagapudi, Amaravathi, Guntur District.

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The Director General of Police, Government of Andhra Pradesh, Mangalagiri, Guntur District.

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The Director General of Prisons and Correctional Services, Andhra Pradesh, Vijayawada, Krishna District.

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The Superintendent, Central Prison, Rajamahendravaram,^{E.G,District.}

¶157

...Respondents

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Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue writ of Mandamus for declaring the inaction of the Respondents in not releasing me from prison is arbitrary, illegal and violation of Articles 21 of the Constitution of India and consequently direct the Respondents to release me immediately thereof by giving special remission as per G.O.Ms. No. 19 dated 27.01.2000.

¶159

Counsel for the Petitioner: M/S A SWARUPA REDDY

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Counsel for the Respondent Nos. 1, 3 to 5: GP FOR HOME

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Counsel for the Respondent No. 2: GP FOR LAW LEGISLATIVE AFFAIRS

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APHC010078952025

¶163

WRIT PETITION NO: 4242 OF 2025

¶164

Between:

¶165

Jetty Sreenu Reddy,, S/o Raja Gopal Reddy, Aged about 41 years, R/o. 11-1-179-4, Shanthi Nagar, Kovuru, Nellore District

¶166

...Petitioner

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AND

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The State of Andhra Pradesh, Rep. by its Principal Secretary, Home Department, Secretariat, Velagapudi, Amaravathi, Guntur^District.

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The Secretary to Government, Legal affairs. Law Department, Secretariat, Velagapudi, Amaravathi, Guntur District.

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The Director General of Police, Government of Andhra Pradesh, Mangaiagiri, Guntur District.

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The Director General of Prisons and Correctional Services, Andhra Pradesh, Vijayawada, Krishna District.

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5. The Superintendent. Central Prison, Nellore District.

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...Respondents

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of the Constitution of India praying that in the Petition under Article 226 affidavit filed therewith, the High Court may be circumstances stated in the writ of Mandamus, for declaring the inaction of the pleased to issue Respondents in not releasing Mr. D. Hemanth Kumar S/o.^{UpendraRao,CT} of Articles 21 of the No. 7350 from prison is arbitrary, illegal and violation Constitution of India and consequently direct the Respondents to release him as per the G.O which was immediately thereof by giving special remission 23.07.2010 or any other subsequent prevailing at the time of his conviction i.e GOs issued by the authorities.

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Counsel for the Petitioner; A SWARUPA REDDY

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Counsel for the Respondent Nos. 1,3 to 5; GP FOR HOME Counsel for the Respondent No. 2: GP FOR LAW LEGISLATIVE AFFAIRS

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The Court made the following Common order;

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74^'

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APHC010219832023

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IN THE‘HIGH court of ANDHRA PRADESH AT AMARAVATI [3457]

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(Special Original Jurisdiction)

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WEDNESDAY,THE TWENTIETH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HON’BLE SRI JUSTICE HARINATH. N

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WRIT PETITION Nos.11530.11531. 11532.11537,11543,11544, 11545, 11549. 11605, of 2023. 1403 of 2024 and 4242^of2025

¶186

WP.No.11530 OF 2d23

¶187

Between:

¶188

1.YEDURUPALLI MANGAYYA @ MANGA RAJU, S/0 LAXMAYYA, AGED ABOUT 51 YEARS, R/0. YETIPALLI (V), GANGAVARAM (M). EAST GODAVARI DISTRICT, A.P STATE, AT PRESENT CENTRAL PRISON, RAJAMAHENDRAVARAM, EAST GODAVARI DISTRICT.

¶189

...PETITIONER

¶190

AND

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1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT.

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2.THE SECRETARY TO GOVERNMENT, LEGAL AFFAIRS. LAW DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DIStRICT.

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3.THE DIRECTOR GENERAL OF POLICE, GOVERNMENT OF ANDHRA PRADESH, MANGALAGIRI, GUNTUR DISTRICT

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4.THE DIRECTOR GENERAL OF PRISONS AND CORRECTIONAL SERVICES, ANDHRA PRADESH, VIJAYAWADA, KRISHNA DISTRICT.

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5.THE SUPERINTENDENT, CENTRAL PRISON, RAJAMAHENDRAVARAM. E.G. DISTRICT.

¶196

...RESPONDENT(S):

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II2II

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WP.No,11530 of 2023 8 batch

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Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit -filed therewith, the High Court may be pleased topleased to issue writ of MANDAMUS for declaring the inaction of the Respondents in not releasing^mefrom prison is arbitrary, illegal and violation of Articles 21 of the Constitution of India and consequently direct the Respopdents to release me immediately thereof by giving special remission as per G.O.MS.No.190 dated 07.08.2004 and pass

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Counsel for the Petitioner:

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1.ASWARUPA REDDY

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Counsel for the Respondent(s):

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1.GP FOR HOME

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The Court made the following ;

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//3//

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WP.No.l 1530 of 2023 & batch

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the HON’BLE SRI JUSTICE HARINATH. N

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COMMON ORDER :

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filed seeking release from Prison by

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1. All the writ petitions are The petitioners are relying upon various

¶211

giving special remission . The following are the

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government orders issued by the State which the petitioners are

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details of the Government Orders on the part of the State in

¶214

relying and challenging the inaction on releasing them in accordance with the government orders

¶215

Writ Petition Number \Ayplsln~TT530^f202^ WP.No.l 1531 of 2023 \A/P No 11532 of 2023 \A/P Nn 11537 of 2023 \MP Nn 11543 of 2023 \A/P Nn 11544 of 2023 \A/P Nn 11545 of 2023	GOMs.No. GOMsmToO GOMs.No.19L GOMs.No.19 ^GOMs^NoIMZ GOMs.No.557 GOMs.No.190 ~GOMsJ^a19^ GOMs.No.190	Date 07.08.2004 07.08.2004 L01T2OOO ~n7m2004 30.10.1980 07.08.2004 11.08.1997 Ii7m2004
\A/P Nn 11549 of 2023 \A/P Nn 11605'of 2023 \A/P Nn 1403 of 2024 WPNn.4242of2025	GOMs.No.190 GOMs.No.19 ""GOMsTvIo^S^	27.01.2000 30.10L10-—

¶216

inaction in failing to 2. The petitioners are challenging the states follow various government orders, which, according to the applicable to them and for which they are petitioners, should be entitled to remission. It is submitted that several^prisoner them by implementing the extended the benefits conferred on

¶217

//4//

¶218

WP.No.11530 of 2023 & batch government orders. It is submitted that the respondents, for the reasons best known to themselves, have arbitrarily denied extending the benefit of government orders to the petitioners.

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The petitioners, who are convicted and undergoing imprisonment, claim that the denial of the benefit of government orders to them is a discriminatory act on the part of the State. They argue that when a few of the convicts were released and granted remission,^this was not applied to them. There is no rational basis for the State's denial of the said benefit to the petitioners.

¶220

The learned Government Pleader appearing for the State submits that for the grant of remission to any convict, the convict must be t

¶221

eligible for the grant of remission as per the government orders issued. If the case of the petitioners does not fall within the teeth j

¶222

of the government orders relied upon by the petitioners, they cannot seek remission as a matter of fundamental right.

¶223

It is also submitted that several factors facilitate the State's action in granting remission to convicts in prison. Only those cases deemed appropriate and eligible for the grant of remission were considered by the State, and prisoners were released in such cases. It is also submitted that the petitioners cannot be placed on parity with other prisons that have been released by the grant of remission and seek remission on the same terms as others.

¶224

//5//

¶225

WP.No.11530 of 2023 & batch

¶226

It is submitted that, far as the claim of the petitioner in WP.No, 11530 of 2023 is concerned, the GO was issued on should claim remission by 07.08.2004, and the petitioner GOMs.No.190, the convict should be in jail undergoing^sentence as on the issuance of the said government order. The^petitioner was convicted in 2006; therefore, the same cannot be^appliedto It is submitted that a similar case is that of the petitioner's case, the petitioner in WP.No.11531 of 2023, wherein the^{petitionerwas} convicted in 2006; therefore, the petitioner cannot^{seekremission} by relying on GOMs.No.190.

¶227

It is further submitted that, far as the case of^{thepetitioner} in WP.No.11532 of 2023 is concerned, GOMs.No.19 was issued on 27.01.2000 on the eve of the Republic Day as a one-time measure. The petitioner was convicted on 7''^ September 2001, and therefore cannot claim the benefit of GOMs.No. 19.

¶228

Insofar as the claim of the petitioner in WP.No.11537 of 2023 is 16.07.2007 and

¶229

concerned, the petitioner was convicted on cannot rely on the GO issued on 07.08.2004.

¶230

Insofar as the claim of the petitioner in WP.No.11543 of 2023 is removed from the

¶231

concerned, the name of the petitioner was had committed jail offences. It is submitted

¶232

remission rules as he convicted and absconded from jail in 1985.

¶233

that the petitioner was

¶234

//6//

¶235

WP.No.11530 of 2023 & batch

¶236

He was apprehended and brought back to jail in 2011. The petitioner is placing reliance on GOMs No. 557, dated^30.10.1980. This GO is applicable only to life convicts.

¶237

Insofar as the petitioner's claim in WP.No.11544 of 2023 is concerned, it is submitted that the petitioner was^convictedon 31.05.2007 and cannot rely on GOMs.No.190, as it is not applicable.

¶238

Insofar as the claim of the petitioner in WP.No.11545 of 2023^is concerned, the petitioner is relying on GOMs.No.192, dated 11.08.1997. It is submitted that the GO applies to non-life convicts. The petitioner is a life convict; as such, GOMs No. 192^is not applicable.

¶239

Insofar as the petitioner's claim in WP.No.11549 of 2023 is concerned, the petitioner was convicted on 26.04.2005;^therefore GOMs.No. 190 does not apply to the petitioner's case.

¶240

Insofar as the petitioner's claim in WP.No.11605 of 2023 is concerned, the petitioner was convicted on 05.12.2008; therefore GOMs.No. 190 does not apply to the petitioner's case.

¶241

Insofar as the claim of the petitioner in WP.No.^1403of2024 is concerned, the GOMs.No.19, dated 27.01.2000, is relied upon by the petitioner. It is submitted that the said GO was^issuedwitha

¶242

1171/

¶243

WP.No. 11530 of 2023 & batch

¶244

specific purpose, and for the GO to be applicable,^theprisoners had to be in jail as of 26.01.2000. It is submitted^{thatthepetitioner} was convicted on 12.12.2002; as such, the said GO cannot be made applicable to the petitioner.

¶245

Insofar as the claim of the petitioner in WP.No.4242 of 2025 is concerned, the petitioner is seeking remission by relying on submitted that the

¶246

GOMs.No.283, dated 30.10.2010. It is was not considered, as he had committed prison

¶247

petitioner s case offences and revolted against the prison staff while undergoing It is submitted that

¶248

sentence in Central Prison, Nellore. issued granting special

¶249

GOMs.No.6, dated 09.01.2019, was remission to the life-convicted persons on the occasion of Republic Day on 26.01.2019. it is submitted that the petitioner in the said

¶250

comes under the exception for grant of remission government order, having been involved in committing prison offences, as such the said GO cannot be made applicable to the petitioner.

¶251

Heard the learned counsels appearing for the petitioners and the Pleader for the State. Perused the material

¶252

learned Government available on the records.

¶253

of the state, subject

¶254

1. Grant of remission is of the exclusive power Section 433 of Cr.P.C. For

¶255

to statutory restrictions under

¶256

//8//

¶257

WP.No. 11530 of 2023 & batch

¶258

A

¶259

considering the case of any convict for remission, the State Government has to formulate a policy for considering^thatclassof convicts for the grant of remission.

¶260

In pursuance of the said policy, the Government^has issued several Government Orders and granted'remission to^thosefound eligible and accordingly considered their cases for^remission or release from Prison. Insofar as the claim of the petitioners^inthe above writ petitions ^ concerned, the petitioners cannot^challenge the action of the State in denying the remission of^{thepetitioners} relied

¶261

as a matter of fundamental right. The government orders upon by the petitioners seeking their release cannot make^the petitioners eligible for seeking remission.

¶262

As none of the government orders relied upon by^{thepetitioners} seeking remission apply to the case of each of the^petitioners. This Court cannot, under the writ jurisdiction, issue^adirectionto J

¶263

the State to grant remission to the petitioners and^releasethem.

¶264

The Hon'ble Supreme Court of India in the matter^ofUnion of India Vs. Sriharan @ Murugan and others restrained all state governments from exercising their powers of remission and commutation of sentences under Sections 432 and 433 of the Cr.P.C. for life convicts. Subsequently, the Hon'ble^Supreme Court vide order dated 23.07.2015, modified its earlier orders

¶265

//9//

¶266

WP.No. 11530 of 2023 & batch

¶267

¥

¶268

dated 09.07.2014 and permitted the premature release^ofconvict

¶269

prisoners with certain restrictions.

¶270

The state Gpvernment, by the observations of the Hon'ble Supreme Court, has been considering the cases of convicted prisoners for remission and has released several prisoners^who I

¶271

were found eligible as per government orders issued^fromtimeto time.

¶272

The petitioners cannot be granted remission and^a direction to be released from Prison by exercising the extraordinary jurisdiction in the writ petitions. It is the sole^{prerogativeofthe} State to frame a policy for considering the release^ofprisoners from time to tim'e.

¶273

On the facts of the above batch of cases, the petitioners'^cases do not call for interference from this Court. However, it is left to the discretion of the respondent/State to grant remission^toanyofthe convicted prisoners subject to the government orders^which are

¶274

prevailing at that point in time.

¶275

With these observations, the writ petitions are disposed of, leaving it open for the petitioners to seek remission^asandwhen the State frames any fresh policy for considering the^individual cases of the prisoners for the grant of remission.^{Thisorderwould}

¶276

//10//

¶277

WP. No. 11530 of 2023 & batch in no manner be construed as a direction to the respondent/authorities to consider the cases of the petitioners positively for the grant of remission. It is further made clear that the grant of remission to any of the petitioners shall be in pursuance of the prevailing government order, which is to be made applicable to the case of the petitioners individually.

¶278

As a sequel, miscellaneous petitions pending, if any,^shall h A

stand closed.

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