Invalid special remission based on caste classification cannot be expanded by courts into a general remission for others.

A special remission confined to Scheduled Caste and Scheduled Tribe prisoners was analysed under Article 15(4) and found not to be a valid protective measure, because convicted prisoners remain on the same footing for remission purposes and the classification could not be justified as advancement of those communities. The text further states that once such a remission is held invalid, a court may strike it down but cannot expand it into a general remission for prisoners outside the notified categories. The stated consequence was that the impugned judgments were set aside, while the benefit already obtained under the High Court's order was not required to be surrendered.

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Issues: (i) Whether a special remission confined to prisoners belonging to Scheduled Castes and Scheduled Tribes could be justified under Article 15(4) of the Constitution of India; (ii) whether, after holding such restriction unlawful, the High Court could extend the benefit of remission to prisoners outside those categories.

Issue (i): Whether a special remission confined to prisoners belonging to Scheduled Castes and Scheduled Tribes could be justified under Article 15(4) of the Constitution of India.

Analysis: Prisoners who have committed offences and are undergoing punishment stand on the same footing as other prisoners for the purpose of remission. A remission granted to convicted prisoners belonging to Scheduled Castes and Scheduled Tribes cannot be treated as a measure for their advancement merely because those communities are identified by caste or tribe. The protection under Article 15(4) was therefore not available to support the special remission.

Conclusion: The restriction of the special remission to Scheduled Caste and Scheduled Tribe prisoners was not legally justified.

Issue (ii): Whether, after holding such restriction unlawful, the High Court could extend the benefit of remission to prisoners outside those categories.

Analysis: Once the special remission was found to be invalid, the proper course was to strike it down. The High Court could not enlarge the remission so as to confer on non-Scheduled Caste and non-Scheduled Tribe prisoners a benefit which the State had intended to restrict. Judicial correction of an invalid remission order could not be converted into creation of a general remission.

Conclusion: The High Court had no power to extend the remission to prisoners outside the notified categories.

Final Conclusion: The appeals succeeded, the impugned judgments were set aside, and the respondents were not required to surrender the benefit already obtained under the High Court's order.

Ratio Decidendi: A remission granted on an impermissible classification may be struck down, but a court cannot expand a restricted executive remission into a general remission in favour of persons whom the State did not include.

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