Jurisdiction of High Court to decide the Referred trial on merits

Orders: Govinda Menon, J.-When these Referred Trials came up for hearing on the 19th instant the Public Prosecutor, Andhra, informed the Court that he has been instructed to state that all the condemned prisoners, whose trials have been referred for the confirmation of sentences by the High Court, have been released as a result of a general amnesty granted by the Government of Andhra and therefore he submitted that the Referred Trials cannot be proceeded with. The question then arose as to whether the release of the condemned prisoners, pending the confirmation of their sentences by this Court, does, or does not, amount to an act of interference with the due and proper course of justice in that in cases pending before this Court, the Government have, by their action, prevented the proper disposal of these cases. Under these circumstances, we requested the Advocate-General, Andhra, to appear before us on 22nd January, 1954, and explain and clarify to us the situation created by the order of general amnesty. Accordingly the learned Advocate-General has placed before us the implications of the order of amnesty and submitted that no further action is called for in the circumstances. We therefore propose to discuss and express our opinion relating to the merits of the Advocate-General’s argument.

Paragraph 1 of G.O. M.S. No.26 Law (Prisons) Department, dated 12th January, 1954, is to the following effect:-

‘The Government have considered the question of granting general amnesty to all prisoners in the jails, in this State and under the control of this Government and also the Andhra prisoners in the jails and Institutions in the Mysore and Madras States meant for the reception of prisoners of this State to celebrate the inauguration of the Andhra State and direct

(i) that all prisoners including women convicted for crimes committed in Andhra area and now in jails both in Andhra and also in the jails meant for the reception of Andhra prisoners in Mysore, viz., the Central Jail, Bellary and the Alipuram Jail, Bellary, and in the Madras State, viz., the Presidency Jail for Women, Vellore, should be released. All condemned prisoners also are to be released including those in respect of whom Referred Trials or petitions for mercy are pending;

(ii) that all prisoners in sub-jails in all districts should be released;

(iii) that all Andhra inmates of Borstal Schools and Certified Schools, viz., Senior Certified School, Chingleput, in the Junior Certified School, Bellary, and the Borstal School, Bellary, should be released."

This order purports to have been issued by the Secretary to the Government of Andhra, by order of the Governor of Andhra, and therefore should be deemed to be in the exercise of the powers conferred on the Government of Andhra under Article 161 and section 401 of the Criminal Procedure Code. In the Chambers Twentieth Century Dictionary the following is the meaning given for the word "amnesty" "A general pardon of political prisoners; an act of oblivion." As understood in common parlance, the word "amnesty" is appropriate only where political prisoners are released and not in cases where those who have committed felonies and murders are pardoned. But it is clear from the G.O. abovementioned that the intention of the Government is to pardon not only political prisoners but those convicted and sentenced to the extreme penalty of the law as well as for various terms of imprisonment for non-political crimes involving moral turpitude. However that be, we are not concerned with the impropriety of the term used. The fact remains that the intention was to release the prisoners convicted and sentenced to death, transportation for life or other terms of imprisonment.

Chapter XXVII of the Criminal Procedure Code containing sections 374 to 380 relates to the submission of sentences for confirmation and the fasciculus of sections contained therein deal with the procedure to be followed when a Sessions Judge finds a man guilty of an offence p

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