K MANOHAR RAO Vs. GOVT OF ANDHRA PRADESH

JUDGEMENT

(1.) The petitioner's father-in-law one Sri Korukanti Rama Rao who is aged about 70 years, was sentenced to undergo imprisonment for lire in Sessions case No.88 of 1986 on the file of the Additional Sessions Judge, Karimnagar. On appeal the same was confirmed by this Court, by Judgment dated 3-2-1988 and by the supreme Court of India subsequently.

(2.) The petitioner complains that the respondents are under legal obligation in view of Rules 320,321 etc., of the Rules contained under Chapter XX11 of the Andhra Pradesh Prisons Rules, 1979, to consider the premature release of the above-mentioned convict and for the purpose of reaching such a conclusion, an Advisory Board is required to be constituted, which should recommend the cases of the eligible prisoners for the purpose of premature release. The petitioner, however, complains that the State Government has not been constituting such Advisory Boards and consequently there is a dereliction of the statutory obligation.

(3.) In this context, it is necessary to examine the Scheme of Chapter XXI of the Andhra Pradesh Prisons Rules, 1979. Rule 318 provides that the rules of the said Chapter govern the grant of remission to prisoners. Rule 320 provides that the cases of various categories of prisoners mentioned therein "shall be placed before the Advisory Boards as constituted for consideration as to whether their premature release will be recommended". The categories of prisoners contemplated under Rule 320, insofar as it is relevant for the purpose of the present case, include prisoners sentenced to imprisonment for life, who have served half of their sentence including remission and have served not less than seven years of actual sentence. Another category is, prisoners who are over 65 years of age and have served not less than two and half years of sentence including remission, provided that they are serving the sentence for the first time only on conviction. Under Rule 321, the meeting of an Advisory Board is required to be held at least once in a quarter. The rule further stipulates the composition of the Advisory Board, which should contain at least half of the members who do not belong to the Government Executive.