1995 (9) TMI 371

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....sion Benches of the High Court of Madhya Pradesh. The High Court allowed several writ petitions and directed the respondent State to give to the writ petitioners the benefit of a special remission which the State had restricted to prisoners belonging to the Scheduled Castes and Scheduled Tribes and to female prisoners. The remission was granted on the occasion of Republic Day, 1978, under the pro....

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....soners shall not be dealt with in accordance with paragraph 1(c) of this order but shall be dealt with only in accordance with paragraph 2(b) thereof.)" The Principal judgment is in the first appeal. It was followed in the other appeals. The writ petitioners contended that the special remission granted to prisoners belonging to the Scheduled Castes and Scheduled Tribes and denied to other p....

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....The High Court upheld the argument of the writ petitioner thus: "You have granted special remission to the prisoners of the Scheduled Castes and Scheduled Tribes on the basis of caste and race only which is not covered by Article 15(4), therefore, treat me and other prisoners equally and give us the same remissions which have been allowed to the prisoners of the Scheduled Castes and the Sche....

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.... special remission to Scheduled Caste and Scheduled Tribe prisoners was unlawful, the proper course to adopt should have been to strike it down. It was beyond the High Court's power to expand the reach of the remission so as to give the benefit of it to the writ petitioner, who did not belong to the Scheduled Castes or Scheduled Tribes. If the power was improperly exercised, The High Court cou....