ROBERT SEBATIAN Vs. STATE

JUDGEMENT

(1.) These are two petitions we received from the same convict undergoing sentence of imprisonment in the Central Prison at Cannanore. The second petition followed the earlier one. The complaint in both the petitions are the same. Actually the second petition appears to be by way of reminder to this Court of the earlier petition. We have taken on file these petitions, numbered them and treated as petitions for issue of habeas corpus. We ordered notice on these petitions The learned Advocate General appeared and placed the facts fairly before us. The petitioner was not represented by counsel. We requested Sri K. R. B. Kaimal to assist us in his case and present the case for the petitioner. We place on record our appreciation of the efforts of the learned counsel in having elaborately gone into the matter and in presenting to us the case of the petitioner very effectively.

(2.) Before coming to this Court the petitioner had made several approaches to the Government seeking his release in view of orders of remission passed by the Government from time to time. But evidently taking the view that he was not entitled to the benefit of such remissions he was not released.

(3.) The petitioner was convicted and sentenced to life imprisonment in Sessions Case No. 13/72 of the Sessions Court of Alleppey. He was so convicted on 8-8-1972. He was undergoing the sentence of imprisonment for life in the Central Prison at Trivandrum from 8-8-1972 to 26-7-1978. There appears to have been a mass hunger strike in the Trivandrum Central Jail in November, 1977. Ultimately it ended in a jail riot and murder of one of the jail employees. In Sessions Case No. 5/78 before the 1st Additional Sessions Judge's Court of Trivandrum the petitioner was convicted for offence under S.304 Part II and certain other provisions of the Code. He was sentenced to 7 years under S.304 Part II read with S.149 of the Indian Penal Code, to two months for offence under S.427 of the Code, for one month for offence under S.448 of the Code, for one month for offence under S.225(B) of the Code and for six months under S.148 of the Indian Penal Code. The sentences were to be suffered only concurrently with the sentence of life imprisonment which he was undergoing. He was transferred to the Central Prison at Cannanore on 26-7-1978 as convict No. 1505 and he is undergoing imprisonment there at the moment.