N S JAIN Vs. SUPDT CENTRAL JAIL

JUDGEMENT

(1.) The petitioner. Dr. N.S. Jain, approaches this Court for the second time in connection with and in regard to his submission that he be ordered to be prematurely released from jail where he is undergoing sentence of life imprisonment on conviction by the Sessions Jud.ge under Sections 302/120-B/34, Indian Penal Code, which sentence was upheld by the High Court and, in a way, confirmed by the Supreme Court when it dismissed the special leave petition of the petitioner against the judgment of the High Court. The petitioner, including the period of detention as an under trial while being prosecuted for the above offences, has by now been confined for almost 16 years.

(2.) Originally the petitioner had approached this Court with a complaint that his case was not being considered for premature release as postulated by Section 432 of the Code of Criminal Procedure read with para 516-B of the relevant jail manual. In that casc this Court had directed that Delhi Administration to expeditiously consider the petitioner's case. In consequence of that direction, the Sentence Revising Board of the Delhi Administration met on 3rd June, 1985 and opined that it did not recommend the premature release of the petitioner. Aggrieved by this order, the petitioner has approached this Court again by the present petition.

(3.) Rule nisi was issued by us on July 11,1985. By way of return, the respondents have filed an affidavit sworn by Shri A.S. Khullar. Deputy Secretary (Home), Delhi Administration. Shri Khullar has deposed that the petitioner's case was fully considered by the Sentence Revising Board but the Board did not recommend the premature release of the petitioner. The Administrator of the Union Territory has concurred with it and confirmed the opinion of the Board. Along with the affidavit, a copy of an extract of the minutes of the meeting of the Sentence Revising Board held on 3rd June, 1985 is attached as annexure 'A'.