S SELVARAJ Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE petitioner who has been convicted to undergo imprisonment for a period of eight years by the learned Sessions Judge, Pondicherry in Bagur Police Crime No.19 of 1984 has filed this petition for issue of a writ of habeas corpus directing the respondents to remit the sentence of six months as per the order dated 31.5.1990 of the Government of Pondicherry in Honour of Dr.Ambedkar -s Birthday.

(2.) THE petitioner was lodged in Pondicherry Central Prison. Then on his request, he was transferred to Central Prison at Vellore, North Arcot Ambedkar District on 15.7.1986 His appeal was dismissed by this Court and he is now confined in Central Prison at Vellore from 26.9.1991. According to him, he is entitled to get general remission of six months as ordered by the Pondicherry Government in honour of Dr.Ambedkar -s centenary celebration. The Government of Pondicherry on his request sent a copy of Pondicherry State Prison Rules stating that the said rules are applicable to prisoners who were convicted in the State of Pondicherry. The respondents have not considered his case for the abovesaid remission. The respondents have considered the remission of six months granted by the Pondicherry Government for another occasion (Chief Minister -s Birthday) on 17.2.1993. But they have unreasonably failed and neglected to consider the six months remission granted to all prisoners for Ambedkar Birthday on 31.5.1990.

(3.) THE fourth respondent State of Pondicherry represented by its Secretary, Home Department, has filed a counter -affidavit through the Under Secretary to the Government contending as follows: