KAILASH NATH DUBEY Vs. STATE OF U P

JUDGEMENT

(1.) A. N. Gupta, J. The petitioner who as a life convict is lodged in the Fatehgarh Central Jail has prayed that the State Government be directed to give him the benefit of G. O. dated 29th May, 1989, according to which those convicts who has completed 70 years of age were entitled to premature release on the occasion of the birth centenary of Pandit Jawahar Lal Nehru, Dr. Sampurna nand, Acharya Narendra Dev and Maulana Abul Kalam Azad. The contention of the Jail Authorities and State of U. P. is that at the relevant time the peti tioner was not aged 70 years and is, therefore, not entitled to the benefit of the said G. O. According to the petitioner he is aged about 95 years and in his petition he has referred to his age recorded in the Jail Registers.

(2.) WE have heard SriJai Shanker Audichya,learned counsel for the petitioner and Sri Shivaji Misra, learned A. G. A. at length.

(3.) ACCORDINGLY the writ petition is allowed. The respondents are direct ed to take steps to release the petitioner in accordance with the G. O. dated 29-5-1989.