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Journalism of Courage
In a significant judgement, the Supreme Court has ruled that a Governor has no power to remit sentences of a prisoner incarcerated in the state prison if he has been convicted by courts outside the state.
The ruling was delivered by a bench comprising Justice Doraiswamy Raju and Justice Arijit Pasayat while allowing an appeal by Andhra Pradesh government challenging a high court order to extend a general remission of sentence granted by the Governor to all prisoners, including those convicted outside the state but serving sentence in jails within the state.
Two persons, S. Appala Swamy and Rajender, were convicted by courts in Madhya Pradesh and Maharashtra on charges of murder but were later transferred to Vishakapatnam Jail and Warrangal Jail respectively to serve the sentences.
The president of the Andhra Pradesh Civil Liberties Committee had filed a writ challenging the government order not extending the general remission given to prisoners across the state and the high court had directed the state government to extend the benefit to them also.
Allowing the appeal of the state government, the apex court said power to grant remission by a Governor under Article 161 of the Constitution could not extend to those prisoners who were convicted by courts not within the jurisidiction of the state.
