JUDGMENT

Arijit Pasayat, J.-These two appeals raise an interesting question involving the scope and ambit of Article 161 of the Constitution of India, 1950 (in short the Constitution ). The question is whether the Governor of a particular State in exercise of clemency powers under Article 161 of the Constitution can grant remission to prisoners convicted by courts outside the concerned State, but undergoing sentences in jails in the State. Present appeals relate to the State of Andhra Pradesh. The Andhra Pradesh High Court in the two writ petitions (W.P. Nos. 20018 and 21536 of 1995) held in the affirmative and hence these appeals.

2. One S. Appala Swamy was convicted for the offence punishable under Section 302 of the Indian Penal Code, 1860 (in short the IPC ) and sentenced to imprisonment for life by the Sessions Judge, Bastar at Jagdalpur, Madhya Pradesh. While serving the said sentence at the District Jail. Jagdalpur he was transferred to the Visakhapatnam Jail in Andhra Pradesh. Writ Petition No. 20018 of 1995 related to him. The other writ petition No. 21536/1995 related to convict Rajender who was convicted under Section 302 IPC and sentenced to imprisonment for life by the