Power of State Government or Central Government to exclude certain persons from operation of section 302
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Summary
The State Government or the Central Government may, by general or special order, direct that any person or class of persons shall not be removed from the prison where they are detained. Before issuing such an order they must consider the nature of the offence, the likelihood of disturbance to public order if removed, and the public interest. While the order remains in force, any order made under section 302 will not have effect for those persons.
Example
Ravi is detained after a protest turned violent. The State Government, after considering the nature of the offence, the risk to public order and the public interest, issues an order that he must not be removed from prison. While that government order continues, any order under section 302 will not apply to Ravi.
Bare Act
Enacted text(1) The State Government or the Central Government, as the case may be, may, at any time, having regard to the matters specified in sub-section (2), by general or special order, direct that any person or class of persons shall not be removed from the prison in which he or they may be confined or detained, and thereupon, so long as the order remains in force, no order made under section 302, whether before or after the order of the State Government or the Central Government, shall have effect in respect of such person or class of persons.
(2) Before making an order under sub-section (1), the State Government or the Central Government in the cases instituted by its central agency, as the case may be, shall have regard to the following matters, namely:-
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(a) the nature of the offence for which, or the grounds on which, the person or class of persons has been ordered to be confined or detained in prison;
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(b) the likelihood of the disturbance of public order if the person or class of persons is allowed to be removed from the prison;
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(c) the public interest, generally.
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