G.V.RAMANAIAH versus THE SUPERINTENDENT OF CENTRAL JAIL, RAJAHMUNDRY AND OTHERS

G.V.RAMANAIAH versus THE SUPERINTENDENT OF CENTRAL JAIL, RAJAHMUNDRY AND OTHERS

Remission or suspension of sentences for offences under sections 489A to 489D IPC, which relate to currency notes and bank notes and thus fall exclusively under the Union List, can only be exercised by the Central Government, not the State Government. The appropriate executive power is with the Union, and the Governor’s G.O. cannot apply. The mistaken release of other prisoners does not vest a right in the petitioner for similar treatment.

Parties
Petitioner: G.V. Ramanaiah; Respondents: Superintendent of Central Jail, Rajahmundry and Others
Jurisdiction
India
Judgment Date
10 October 1973
Procedural Posture
Writ Petition Under Article 32 (habeas Corpus) / Final Supreme Court Decision
Outcome
Petition dismissed.
Legal Topics
Remission of Sentence, Executive Power, Separation of Powers
Constitutional Law Criminal Law Remission of Sentence Executive Power Separation of Powers

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Parties

G.V. Ramanaiah

Petitioner

Superintendent of Central Jail, Rajahmundry and Others

Respondents

Procedural Posture

Writ Petition Under Article 32 (habeas Corpus) / Final Supreme Court Decision

Legal Issues

  1. 1 Whether the State Government can remit sentence in respect of offences under sections 489A to 489D, IPC.
  2. 2 Which is the appropriate Government empowered to remit the sentence for such offences—Central or State Government?

Ratio Decidendi

Remission or suspension of sentences for offences under sections 489A to 489D IPC, which relate to currency notes and bank notes and thus fall exclusively under the Union List, can only be exercised by the Central Government, not the State Government. The appropriate executive power is with the Union, and the Governor’s G.O. cannot apply. The mistaken release of other prisoners does not vest a right in the petitioner for similar treatment.

Court Disposition

Petition dismissed.

Orders

  • Petition under Article 32 stands dismissed.