KANSI RAM Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The petitioner has remained in actual detention for more than 18 years without taking into account the remission of more than 8 years earned by him. Even so, the State government has not considered his case for release on two grounds. First, that he has "no source of means of living" and "may commit a crime after release". Second, that he may "revert into crime and abscond", as disclosed by the counter-affidavit dated 13/01/1988 sworn by Deputy Jailor, Mohd. Ibrahim. These grounds betray a complete lack of application of mind on the part of the competent authority. Since the prisoner is undergoing imprisonment in jail for more than 18 years, presently by the very nature of things he cannot have a source of income at present. In fact, he will never have one till he is released. It is no valid ground in the eyes of law. So far as the second ground is concerned, it is not based on any material whatsoever. It is a bald assertion apart from being conjectural. The order passed by the competent authority refusing to release him is therefore, wholly bad in law. Ordinarily, we would have directed the competent authority to reconsider his case afresh, but having regard to the facts and circumstances of this case, inasmuch as he has actually remained in jail for more than 18 years (more than 26 years including remissions) , we direct the respondent to release the petitioner from detention within two weeks from today. Writ petition is disposed of accordingly.