B SATISHSUNDAR Vs. INSPECTOR OF POLICE MANAMELKUDY

JUDGEMENT

(1.) This writ petition is filed for the issuance of a writ of Habeas Corpus directing the respondents to forthwith release the under-trial prisoners whose names are given in the annexure to this petition in Crime No. 29/91 on the file of the first respondent who are at present detained in the Central Prison, Trichy.

(2.) It is seen from the affidavit filed in support of the petition by the Advocate Mr. S. Satish Sundar that the detenus whose names are given in the annexure were originally arrested by the first respondent for the alleged offence under S. 12C of the Passport Act 1967, but they were remanded to custody on 4-2-1991. These ten persons whose names are given in the annexure are undergoing imprisonment as remand prisoners in the Central Prison, Trichy and the second respondent has been remanding them periodically and they were lastly produced before the Magistrate on 7-11-1991 and again they were produced on 21-11-1991.

(3.) It was represented by the learned counsel for the accused that they should be discharged on their own bonds as period of conviction prescribed in that section has expired but the learned Magistrate continues to remand them. It is further stated that as per S. 2C of the Passport Act under which these persons have been charged provides only with an imprisonment for a maximum period of six months or with fine, which may extend to Rs. 2000/- or both. The period of six months expired on 4-8-1991 itself. The learned Magistrate has no jurisdiction and the remand thereafter is totally illegal and violative of Art. 21 of the Constitution of India.