P P CHANDRASEKHRAN Vs. GOVERNMENT OF INDIA

JUDGEMENT

(1.) THIS petition is filed by a relation of one Mannicketh Bala-chandran for the issue of a writ of Habeas Corpus for production of the said Mannicketh Balachandran for being dealt with according to Article 226 of the Constitution of India.

(2.) MANNICKETH Balachandran was an ex-naval officer in the Indian Navy. He was tried by the court-Martial at Bombay for certain offences under Section 409, Indian Penal Code read with Section 77 of the Navy Act and sentenced to undergo rigorous imprisonment for 18 months on 21-8-1972. He was committed to the Central Prison, Bombay, on 2211-1974 to undergo the sentence. He was convicted by another Court Martial on 12-3-1975 to undergo rigorous imprisonment for 6 months for offences under Sections 77 (1) and 41 (e) of the Navy Act. The Court ordered that the sentences should run consecutively. In all, therefore, the detenu has to serve a sentence of two years' rigorous imprisonment from 22-11-1974.

(3.) IT is now contended by Mr. Sivasubramaniam, learned Counsel for the petitioner, that as the detenu was kept under naval custody from 10-5-1972 to 22-8-1972 and again from 7-11-1974 to 21-11-1974, this period, though it was before he was convicted on 21-11-1974, ought to have been given credit to. The period thus claimed is 3 months and 12 days between 10-5-1972 and 22-8-1972 and another 14 days between 7-11-1974 and 21-11-1974, making in all 3 months and 27 days. According to the learned Counsel, if the remission to which he is entitled on other grounds, such as undergoing vasectomy operation and donating blood, the total period would be 65 days and that he would have completed his term of imprisonment on 5-2-1976.