SHASHI ALIAS SHASHIDHARAN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THREE life convicts in Writ Petition No. 77/2000 and three other life convicts in Writ Petition No. 21/2000 are before this Court seeking for a writ in the nature of Habeas Corpus directing the immediate release of the petitioners and declare that the detention from 26-1-2000 onwards as illegal on the following factual matrix.

(2.) PETITIONERS in Writ Petition No. 77/2000 Sri Shashi @ Shashidharan, Sri. K. Rajan, and Sri Anshad, have suffered a conviction order for the offences punishable under Section 302 r/w 34, IPC and Section 394 r/w 34 of IPC in Sessions Case No. 22/89 on the file of the Addl. City Civil and Sessions Judge, Bangalore in terms of the judgment passed in the year 1992. They have undergone 10 years of actual sentence as on 26-1-2000. Petitioners in Writ Petition No. 21/2000 Sri. Ganghadharaiah, Sri Rangappa, Sri Gundaiah, have suffered a conviction order for the offences punishable under Section 302 of the IPC in Sessions Case No. 106/88. They further say that for the purpose of calculation of actual ten years of sentence parole period is required to be considered. If parole period is considered they also complete 10 years of actual sentence as an 26-1-2000.

(3.) NOTICES were ordered in response to which the State has filed its counter-affidavit in both the petitions. The respondents state that the Government had no doubt issued a notification on 25-1-2000 ordering release of 56 male life convicts and four female life convicts and six life convicts who are suffering from serious diseases as stated in the Writ Petition. They say that the said remission/concession was granted in view of the Golden Jubliee Celebration of Republic Day by the State. They refer to the proposal dated 22-10-99 (Annexure-R-1) order issued under Article 161 of the Constitution of India, (Annexure-R-2) dated 25-1-2000 along with Annexures R-3 dated 31-1-2000, Annexure-R-4 letter dated 25-1-2000, Annexure-R-5 corrigendum dated 11-7-2000. On the basis of these documents they say that the remission/concession, in terms of Annexure-A the order dated 25-1-2000 is not available for those who are convicted for the offences of dacoity, robbery, rape, rioting and to the persons who were detained under Preventive Detention Acts. They also say that all the 56 persons who were released pursuant to the order dated 25-1-2000 have not been convicted for the offence of either dacoity or robbery.