D. C. SRIVASTAVA, J. ( 1 ) IN this writ petition under Art. 226 of the Constitution of India, the prayer is that the respondent No. 1 he directed to set at liberty the petitioner by granting the benefit of remission of two years as per Government resolution dated 14-8-1997. Annexure "a" to the writ petition. ( 2 ) THE brief facts are that the petitioner was arrested in the year. 1986 for commission of offence punishable under the provisions of Official Secrets Act. 1923. He was tried and was acquitted by the Sessions Judge. Bhuj. The State Government preferred an appeal against the order of acquittal which was allowed by this Court on 13-10-1991 and the petitioner was convicted and sentenced to undergo ten years r. I. The petitioner preferred Special Leave Petition before the Apex Court which was dismissed. The petitioner is in jail since 30-9-1991. It is averred in the petition that the petitioner earned two years remission as per Government resolution dated 14-8-1997 on the occasion of 50 years celebration of Independence Day. The period of sentence, according to the petitioner, was over in September. 1997 hut he has not been released. He has also applied for parole on 15-10-199s. This application has also not been decided by the Competent Authority. Thus. according to the petitioner he is now under illegal detention and has. therefore, applied for his release under Art. 226 of the Constitution of India through this writ petition. ( 3 ) THE stand of the respondent No. 1 in the counter-affidavit is that no parole application is pending with the Slate Government. Another stand is that the petitioner was convicted under Official Secrets Act and since this is Central Act. the executive powers of the Union of India extend in such matters and the appropriate Government competent to pardon/remit the sentence of the prisoners under this Act, would be the Central Government and not the State Government. Hence. the Stale of Gujarat or Governor of Gujarat has no power to pardon. remit or commute the sentence. It is also the stand of the respondent No. I that the Government resolutions dated 30-4-1997 and 14-8-1997 do not apply to prisoners convicted under the Official secrets Act. The other Stales like Punjab. Haryana and Delhi are also not granting remission to such convicts under Official Secrets Act. Hence. remit or commute the sentence. It is also the stand of the respondent No. I that the Government resolutions dated 30-4-1997 and 14-8-1997 do not apply to prisoners convicted under the Official secrets Act. The other Stales like Punjab. Haryana and Delhi are also not granting remission to such convicts under Official Secrets Act. Hence. the State of Gujarat has also not granted remission. ( 4 ) THE first controversy regarding disposal of parole application is meaningless because in the counter-affidavit it is specifically mentioned that no parole application is pending and no rejoinder to this counter-affidavit has been filed. If no parole application is pending, interim relief in the nature of parole prayed for in this writ petition cannot be granted. ( 5 ) SO far as the detention of the petitioner is concerned it will become illegal only when the petitioner is able to show that he has completed the period of imprisonment awarded by this Court, in appeal against acquittal. There is no explanation in the writ petition how the period of imprisonment. 10 years has been completed by him. He was convicted by this Court on 13-10-1991 and a period of ten years cannot be said to have been completed. The period of remission and set off has also been claimed hut the details are not given as to how after deducting the period of set off and remission. he has already undergone the remaining sentence. The petitioner is claiming remission under Government resolution dated 14-8-1997. It may be mentioned that remission cannot be claimed as of right. It is discretionary in nature. In view of Government resolution dated 14-8-1997. in connection with 50th anniversary of Independence of India the State Government by resolution No. JLK/1097/i88/j dated 14-8-1997 decided to grant further remission in continuation of remission granted under Government resolution dated 30-4-1997 to certain categories of prisoners. Para 4 of this resolution provides that remission as specified in para 2 shall not be granted to all the prisoners mentioned in para 3 of the Home department order dated 30-4-1997 and also to prisoners who are absconding parole. furlough. bail. police custody. jail custody and the prisoners convicted of the offence under Secs. Para 4 of this resolution provides that remission as specified in para 2 shall not be granted to all the prisoners mentioned in para 3 of the Home department order dated 30-4-1997 and also to prisoners who are absconding parole. furlough. bail. police custody. jail custody and the prisoners convicted of the offence under Secs. 498 (a) to (d) of I. P. C. ( 6 ) THE Government resolution dated 30-4-1997 numbered JLK/1097/188/j as reproduced in Annexure "a" is inaccurate and incorrect despite certificate by learned Counsel for the petitioner that it is true copy. This Government resolution provides in column 2 the period of remission which is permissible. Para 3 of this solution provides that the aforesaid remission shall not be granted to prisoners who are specified under this para. Under this para various enactments are mentioned and if offences were committed and punished under those enactments then also remission is not to be granted. Of course. Official Secrets Act is not mentioned in para 3 of this resolution but other enactments which are mentioned in this para show that even in offence of lesser magnitude remission is not to be granted it those offences were committed under the provisions of the Acts mentioned in this para. It is, therefore, difficult to interpret this resolution to mean that prisoners under official Secrets Act. are automatically entitled to remission of sentence under this government resolution. ( 7 ) AN application was moved by the petitioner claiming remission under government resolution dated 14-8-1998. This application was rejected on the ground that as per opinion of the Legal Department such benefit of remission cannot be given to prisoners convicted under Official Secrets Act. This is Central Enactment and power of remission of sentence under this Act rests with the Central Government and not with the State Government or the Governor. Another Government resolution no. JLK71097/188/j dated 14-8-1997 was issued which relates to grant of remission to prisoners convicted for life imprisonment under Sec. 302 I. P. C. Inter-alia in this resolution it is provided that prisoners convicted for any offence against any law relating to a matter to which the executive power of the State does not extend are not entitled to any remission. Official Secrets Act does not fall under List II and 111 of the VIIth Schedule of the Constitution of India. This Act was enacted in the year 1923. Official Secrets Act does not fall under List II and 111 of the VIIth Schedule of the Constitution of India. This Act was enacted in the year 1923. i. e. , prior to the coming in to force of the Constitution of India. It cannot be said to be of subject-matter on which the State Government could have made legislation. This enactment related to the jurisdiction of the Central Government. Executive power of the State cannot be said to have been extended to such legislation. Consequently, in exercise of powers under Sec. 432 of the Criminal Procedure Code neither the Governor nor the Government of Gujarat could have granted remission to prisoners convicted under Official Secrets Act. 1923. ( 8 ) IN view of the above discussions, there arises no occasion for holding that the Government resolution of 14-8-1997 and 30-4-1997 are arbitrary. Since the petitioner has failed to establish that he is entitled as of right to claim remission under the aforesaid Government orders it can not be said that he is under illegal detention. There is thus no merit in this writ petition which is hereby dismissed. .