Judgment

SARKARIA, J.:- The principal question of law that falls to be determined in this writ petition filed under Article of the Constitution of India by the petitioner is: Which is the appropriate Government - Central or the State Government - empowered to remit the sentence of a person convicted of offences under Sections 489-A to 489-D of the Penal Code?

2. The material facts giving rise to this question, are not in dispute and may be stated as under:

G. V., Ramanaiah was convicted of offences under Sections 489-A to 489-D Penal Code, on 17th July, 1968, by the Sessions Court, Nellore (Andhra Pradesh), and sentenced to rigorous imprisonment for a period of 10 years. Six other persons, namely, (1) B. Sitaramireddi; (2) M. Rangareddy: (3) Ch. Semireddy; (4) K. E. Lakshman (5) K. Balaram and (6) T. Mallikharjundu, were also tried and convicted of offences under all or some of the Sections 489-A to 489-D, Penal Code and were sentenced to various terms of imprisonment by the same Court. On the occasion of Gandhi Centenary celebrations, the Governor of Andhra Pradesh, purporting to exercise the powers under Article 161 of the Constitution, issued G. O. No. Ms. 1321, Home (Prisons-A) -