Supreme Court - Daily Orders
Shafi Vazruddin Qureshi vs The State Of Maharashtra State Of ... on 16 January, 2015
Bench: Fakkir Mohamed Ibrahim Kalifulla, Abhay Manohar Sapre
ITEM NO.38 COURT NO.8 SECTION X
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Writ Petition(s)(Criminal) No(s). 185/2014
SHAFI VAZRUDDIN QURESHI Petitioner(s)
VERSUS
STATE OF MAHARASHTRA & ANR. Respondent(s)
(with appln. (s) for bail and office report)
Date : 16/01/2015 This petition was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE FAKKIR MOHAMED IBRAHIM KALIFULLA
HON'BLE MR. JUSTICE ABHAY MANOHAR SAPRE
For Petitioner(s) Mr. Vinay Navare,Adv.
Mr. Satyajeet Kumar,Adv.
Mr. Keshav Ranjan,Adv.
For Ms. Abha R. Sharma,Adv.
For Respondent(s) Mr. Shankar Chillarge,Adv.
For Mr. Aniruddha P. Mayee,Adv.
UPON hearing the counsel the Court made the following
O R D E R
Heard Mr. Vinay Navare, learned counsel appearing for the petitioner and Mr. Shankar Chillarge, learned counsel appearing for the respondent-State.
The instant habeas corpus writ petition is filed by the petitioner based on the order of Remission granted to him in the order dated 19.7.2011. By order dated 19.7.2011, the Government of Maharashtra passed the order of remission of the sentence of the petitioner to the following effect:-
Signature Not Verified Digitally signed by Narendra Prasad Date: 2015.01.20 13:47:38 IST“NOW THEREFORE the order dated 28.5.2009 issued in the case of said prisoner is being cancelled and in exercise Reason: of power under Section 432(1) of the Code of Criminal 1 Procedure, 1973 (2 of 1974), the life sentence of the prisoner No.C-444 Shafi Wazruddin Qureshi, Yerwada Open District Prison, Pune is remitted to the total period of imprisonment of 22 years including the period of remissions subject to condition of good behaviour in prison and on condition that his actual punishment shall not be less than 14 years and accordingly he be released on remission.” The petitioner completed total period of imprisonment with remission i.e. 22 years on 30.09.2014 as is reflected in the statement issued by the Senior Jailor, Yerwada Open District Prison, Class-I, Pune,6. However, the petitioner was not extended the benefit of remission order dated 19.7.2011 in the light of the order of the Constitution Bench dated 9.7.2014, wherein based on an earlier referral order of the Full Bench of this Court dated 25.4.2014 notice was issued to all the State Governments through their respective Standing Counsel in the Supreme Court, returnable by 18.7.2014 in W.P. (Crl) No.48/2014. The matter was also directed to be listed before the Constitution Bench on 22.7.2014.
In the very same order, it was directed that in the meanwhile the State Governments are restrained from exercising power of remission to life convicts.
Learned counsel for the petitioner contend that because the petitioner's remission order came to be passed as early as on 19.7.2011 and the petitioner has also completed the required period of 22 years, as per the said remission order, the order of the Constitution Bench dated 9.7.2014 need not stand in the way of directing the State Government to implement the order of remission.
We are not inclined to accede to such a submission made on behalf of the petitioner, inasmuch as the Constitution Bench is seized of the issue relating to the exercise of the power of remission of the State Governments as well as the Central Government. Therefore, it will be more appropriate for the petitioner to seek for any direction, based on the order of remission dated 19.7.2011, only before the Constitution Bench.
At best, we can only ask the Registry to place the matter before the Hon'ble the Chief Justice of India for passing 2 appropriate orders to list the matter as the issue pertains to petitioner's fundamental right of freedom.
(NARENDRA PRASAD) (SHARDA KAPOOR)
COURT MASTER COURT MASTER
3