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1995 Supreme(SC) 969

B.N.KIRPAL, S.P.BHARUCHA
State Of M. P. – Appellant
Versus
Mohan Singh – Respondent


Advocates:
R.C.KAUSHIK, S.K.AGNIHOTRI, Sakesh Kumar, SUSHIL JAIN, T.C.SHARMA

ORDER

1. These appeals by special leave impugn the judgments and orders of Division Benches of the High Court of Madhya Pradesh. The High Court allowed several writ petitions and directed the respondent State to give to the writ petitioners the benefit of a special remission which the State had restricted to prisoners belonging to the Scheduled Castes and Scheduled Tribes and to female prisoners.

2. The remission was granted on the occasion of Republic Day, 1978, under the provisions of Section 432(1) of the Code of Criminal Procedure. In clause (i) certain general remissions were granted, with which we are not concerned. Clause (ii) dealt with the special remission and read thus :

"Special Remissions. - In addition to the aforesaid remission all female prisoners and those prisoners as belonging to the Scheduled Castes and Scheduled Tribes notified under Articles 341 and 342 of the Constitution, shall be given by way of Special Remission, further remission equal to general remission granted to them under paragraph 1 (a), (b), (c) and (d) of this order.

(b) The female prisoners and the prisoners belonging to Scheduled Castes and Scheduled Tribes who have undergone sentences of fourt









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