H.C.Arora vs State Of Punjab & Another on 24 September, 2008

            IN THE HIGH COURT OF PUNJAB & HARYANA AT
                      CHANDIGARH


                                           CWP No. 3449 of 2008
                                           Date of Decision: 24.09.2008



H.C.Arora                                                     ..Petitioner

                        Versus

State of Punjab & another                                   ..Respondents


CORAM:      HON'BLE MR. JUSTICE T.S.THAKUR,CHIEF JUSTICE
            HON'BLE MR. JUSTICE SURYA KANT

Present :   Petitioner in person

            Ms. Madhu Dayal, DAG Punjab
            for the respondents

                               *****

T.S.Thakur, C.J. (Oral)

The power to grant remission in sentence awarded to a convict

is clearly available to the Government under Section 432 of the Code of

Criminal Procedure. In terms of an order dated 9.7.2004, issued by the State

Government, certain guidelines have been framed for the exercise of that

power. A reading of the said order would show that the benefit of remission

is made inadmissible in as many as eight different categories of cases

including cases involving culpable homicide with rape and offences against

children, offences in ghastly murders, double murders and in dowry death

cases. Mr. Arora, who appears in person, argues that the benefit of

remission should not be admissible to those convicted for rape punishable

under Section 376 of the Indian Penal Code. He submits that since the

offence of rape is committed against the weaker sex, the State Government

could include the offence of rape also as one of the excepted offence in
CWP No. 3449 of 2008 [2]

which remission should not be admissible. Having given our careful

consideration to the submission of Mr. Arora, we are of the opinion that we

cannot authoritatively pronounce upon the desirability of excluding

sentences imposed upon convicts for offences punishable under Section 376

of the Indian Penal Code from the purview of the power of granting

remissions under section 432 of the Cr.P.C. in a public interest litigation.

The proper course for the petitioner is to make an appropriate representation

to the Government concerned which representation, if made, shall be

considered by the government and appropriate orders, considered just and

proper, issued on the subject. This writ petition is disposed off with the

above observation. No costs.

                                                      (T.S.THAKUR)
                                                     CHIEF JUSTICE



                                                     (SURYA KANT)
24.09.2008                                              JUDGE
'ravinder'