MOHD HANIF Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This writ in the nature of Habeas Corpus has been moved by Mohd. Manif for his release.

(2.) The petitioner Mohd, Hanif was convicted under Section 302 of I.P.C. and sentenced to undergo imprisonment for life on 31st of July 1968. The State Government in exercise of its powers under Section 2 of U.P. Prisoners Release on Probation Act, 1938, (hereinafter called the Act) permitted the petitioner to be released under a license and in pursuance of the State Governments order under Section 2 of the Act, the petitioner was actually released on 7th of January 1978. The District Magistrate, Barabanki, vide his letter dated 22nd of February 1978 (Annexure-CA-l) requested the State Government to withdraw its order dated 7.8.1978 and revoke the license for the release of the petitioner. The District Magistrate thereafter received letter No. 1396Pj22- 800:77 dated March 1978 from the Deputy Secretary, Homes, U.P. Government, and in compliance thereof he issued notices to the petitioner under rule 10 of D.P. Prisoners Release on Probation Rules (hereinafter called the Rules). The petitioner failed to appear in response to the notice under rule 10 of the Rules. The District Magistrate then vide his letter dated 5th of December 1978 (Annexure-3 to the counter affidavit) recommended the revocation of the license. The State Government has vide. its order dated 29th of May 1980 revoked the license on the ground that the licences has breached condition no. 5 of the license. The aforesaid order has been communicated to the District Magistrate vide letter dated 30th May 1980 (Annexure-l to the counter affidavit). The petitioner has been arrested on 22nd of November 1982 and since then he is in jail. The petitioner then moved Writ Petition No. 1919 of 1983 in this court which was dismissed as it was not pressed. Hence the present petition.

(3.) Section 2 of the Act empowers the Government to release a convict by license on conditions to be imposed by it. It reads as below: S.2. POWER OF GOVERNMENT OF RELEASE BY LICENCE ON CONDITIONS IMPOSED BY ":-Notwithstanding anything contained in Section 401 of the Code of Criminal Procedure 1898, where a person is confined in prison under a sentence of imprisonment, and it appears to the State Government from his antecedents and his conduct in the prison .that he is likely to abstain from crime and lead a peaceable life, if he is released from prison, the State Government may by licence permit him to be released on condition that he be placed under the supervision or authority of a Government Officer or of a person professing the same religion as the prisoner or such secular institution or such society belonging to the same religion as the prisoner as may be recognized by the State Government for the purpose, provided such other person, institution or society is willing to take charge of him.' Section 6 of the Act empowers the State Government to revoke a license. It says as under: - S. 6-POWER TO REVOKE LICENCE: