RAKESH KAUSHIK Vs. DELHI ADMINISTRATION

JUDGEMENT

(1.) By this order we arc disposing of two criminal writ petition Nos. 144 of 1985 (Rakesh Kaushik V. Delhi Admn. & another) and 130 of 1985 (Bhagirath V. Delhi Admn. & another) since common question of law arises and the facts arc similar in these petitions.

(2.) The petitioners have approached this court for issuance of a writ under Article 226 of the Constitution of India for quashing the order dated 3rd June, 1985 passed by the Sentence Revising Board of Delhi Administration rejecting the application under section 432 Criminal Procedure Code . filed by the petitioners for premature release and directing the respondents to release the petitioners from prison.

(3.) In Crl. Writ No. 144/85 filed by Rakesh Kaushik it is stated that on the date of filing of this petition he had already undergone imprisonment for 16 years, one month and twenty five days and was on parole on four occasions for a total period of 70 days. In Cri. Writ Petition No. 130(85 Bhagirath petitioner alleges that he has suffered a sentence of nearly 17 years and his release from the Jail is overdue. It is contended by both the petitioners that their continued detention in Jail violates the fundamental right guaranteed by Article 14 and Article 19 (1) (d) and 21 of the Constitution of India as well as Para 516-B of the Jail Manual and the provisions of section 432 Criminal Procedure Code .