K SELVAKUMARASWAMI Vs. STATE

JUDGEMENT

(1.) THIS petition has been filed by one Selvakumaraswamyclaiming him self to be apanel Advocate of Legal Aid Board and states that he has filed this petition on behalf of 43 prisoners who are in various Central Prisons.

(2.) IT is alleged that these prisoners were transferred to borstal school from the prisons but on their attaining the age of 23 years by an order issued by the Inspector General of Prisons dated 15.5.1978 they have been transferred to central prisons. This order of re-transfer is illegal and is in violation of law and the judgments of this High Court. Therefore this petition is filed under Art.226 for issue of an order to release them.

(3.) SEC 10-A empowers the Government to transfer from prisons to borstal schools the adolescent prisoners who have been sentenced to transportation (Now in view of Act 26 of 1955 the word ?transportation? should be read as ?imprisonment for life?) and at the time of conviction was not less than 18 and not more than 21 years of age. On such transfer he shall serve the whole or any part of the unexpired residue of the sentence there. The provisions of the Act shall apply to such an offender also as if he had been originally sentenced to detention in a borstal school.