Case Note & Summary
The Supreme Court dealt with appeals by special leave filed by the State of Madhya Pradesh against judgments of Division Benches of the High Court of Madhya Pradesh. The High Court had allowed several writ petitions filed by prisoners who did not belong to Scheduled Castes or Scheduled Tribes, directing the State to extend to them the benefit of a special remission that had been granted only to prisoners belonging to Scheduled Castes and Scheduled Tribes and to female prisoners. The special remission was granted on the occasion of Republic Day, 1978, under Section 432(1) of the Code of Criminal Procedure. The writ petitioners contended that the special remission granted to SC/ST prisoners and denied to others violated their right to equality. The State argued that SC/ST prisoners constituted a class and the special remission could validly be given to them under Article 15(4). The High Court concluded that Article 15(4) was not available as a defence because the provision for special remission could not be said to have been made for the advancement of SC/ST, and the grant to SC/ST and denial to others amounted to discrimination. It directed the State to give the writ petitioners the same benefit. The Supreme Court agreed with the High Court that there was no justification in law for giving special remission to SC/ST prisoners, as they stood on the same footing as all other prisoners once they had broken the law and were being punished. The invocation of Article 15(4) was wholly unjustified. However, the Supreme Court departed from the High Court on the remedy. It held that once the special remission for SC/ST prisoners was found unlawful, the proper course was to strike it down. It was beyond the High Court's power to expand the reach of the remission so as to give its benefit to non-SC/ST writ petitioners, as that would amount to granting a general remission where the State intended it to be restricted. Therefore, the Supreme Court allowed the appeals, set aside the judgments and orders of the High Court, but ordered that the respondents would not be required to forgo the benefits they had obtained by reason of those orders, given the earlier indication that they would not be sent back to jail. No order as to costs was made.
Headnote
A) Constitutional Law - Equality and Non-Discrimination - Special Remission to SC/ST Prisoners - Constitution of India, Articles 14, 15(4); Code of Criminal Procedure, 1973, Section 432(1) - The High Court held that special remission granted only to SC/ST and female prisoners under a 1978 Republic Day order violated the right to equality, as caste/race-based classification was not covered by Article 15(4). The Supreme Court agreed that Article 15(4) could not justify remission because remission to convicted prisoners could hardly be for the advancement of SC/ST. Held that there was no justification in law for giving special remission to SC/ST prisoners (Paras 1-3). B) Criminal Procedure - Remission - Scope of High Court's Power to Remedy Discrimination - Code of Criminal Procedure, 1973, Section 432(1); Constitution of India, Article 226 - The High Court, after finding the special remission unlawful, directed the State to extend its benefit to non-SC/ST writ petitioners instead of striking it down. The Supreme Court held that this approach was wrong; it was beyond the High Court's power to expand the reach of the remission, as it could not grant a general remission where the State intended it restricted. The proper course was to strike down the unlawful special remission (Paras 1-3). C) Criminal Procedure - Remission - Protection of Benefits Already Granted - Code of Criminal Procedure, 1973, Section 432(1) - The Supreme Court noted that, given its earlier indication that respondents would not be sent back to jail if special leave was granted, those who had obtained the benefit of the High Court's order must be permitted to retain it. The appeals were allowed, judgments under appeal set aside, but respondents not required to forgo benefits obtained (Paras 1-3).
Issue of Consideration
Whether special remission granted to Scheduled Caste and Scheduled Tribe prisoners under Section 432(1) CrPC violated the right to equality under Article 14 of the Constitution; whether Article 15(4) justified such special remission; whether the High Court could direct extension of the special remission to non-SC/ST prisoners instead of striking it down.
Final Decision
Appeals allowed; High Court judgments and orders set aside; special remission for SC/ST prisoners declared unlawful; respondents not required to forgo benefits already obtained; no order as to costs.
Law Points
- Article 14 equality before law and equal protection of laws
- Article 15(4) cannot justify remission to convicted SC/ST prisoners as it is not for advancement
- Section 432(1) CrPC remission power cannot be exercised discriminatorily
- High Court lacks power to expand discriminatory remission to non-beneficiaries instead of striking it down
- benefits already obtained under court order need not be reversed
