BACHCHEY LAL Vs. STATE OF U P

JUDGEMENT

(1.) We have heard Sri Sudhir Mehrotra, learned special Counsel for the High Court, learned Government Advocate Sri Akhilesh Singh, Sri Vimlendu Tripathi, learned A.G.A. and Sri Patanjali Mishra, learned Amicus Curiae appointed by this Court. Learned A.G.A. has filed affidavits on behalf of (a) Home Department, (b) I.G. (Prison), Principal Secretary Medical and Health and (c) ADG/IG (Prisons). He has also filed 5 charts mentioning tabular details as sought for by this Court. Reports by the District Judges, forwarded by the registry and UP SLSA (U.P. State Legal Services Authority, Lucknow) have also been filed.

(2.) Directions for convicts in jail for more than 14 years whose cases were to be considered for premature release.

(3.) We are shocked to note that in some cases, even though the prisoners have been in jail for periods of 14 years and much more mentioned at serial Nos. 2, 18, 19, 23, 92, 93, 96, 97, 100, 110, 152, 156, 167, 270, 276, 277, 288, 297, 302, 304, 307, 310, 314, 316, 319, 320, 321, 323, 326, 330, 331, 342, 345, 396, 666, 674, 676, 677, 681, 695, 696, 697, 706, 929, 986, 1006, 1007, 1008, 1009, 1019, 1020, 1022, 1057, 1149 and 1150 of Chart I, where the considerations of Forms A or nominal roles have been held up at the Court level, because the judgments are not available. One of the glaring example is at S.N. 396 relating to Pappu @ Chandrapal, who is detained in Central Jail Agra since last 29 years and his case has not even been considered at the jail level because of non availability of copy of judgment. We would like an explanation why even the judgments in the aforesaid serial numbers and other similar cases are not available, stalling consideration of applications in Forms A or nominal roles, even though the prisoners have been in jail for 14 or more years. We direct that immediate steps must be taken for making the judgments available at the jail level.