KANTA TALKATKAR Vs. STATE OF GOA

JUDGEMENT

(1.) RULE returnable forthwith. By consent of the learned counsel for the parties, petition taken up for final hearing at the stage of admission.

(2.) THIS is a petition under Article 226 of the Constitution of India filed by the petitioner who is undergoing a sentence of imprisonment for life for on offence punishable under Sections 302, 376 and 392 of IPC. The sentence commenced from 1st September, 1987. By this petition the petitioner claims that the Advisory Board constituted in exercise of the powers under the Goa Prisons (Review of sentences) Rules, 1997 did not consider the case of the petitioner for premature release and, therefore, prays for issuance of a writ quashing the said decision.

(3.) ON notice, the respondents have filed an affidavit, annexing at Exh. 'a', the minutes of the meeting of the Advisory Board held on 25th November, 2002. The Minutes, pertaining to the petitioner, state that the advisory Board did not favourably consider the case of the petitioner for two reasons : (i) None of the authorities had recommended the case of the petitioner for premature release; and (ii) On going through the reports of the various authorities the Board was of the view that the case of the petitioner was not fit for premature release at that stage. Accordingly, the Board directed that the case of the petitioner would be examined after two years.