SITABAI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This order shall also govern the disposal of Misc. Petitions Nos. 1384/1989,1575/1989, 29/1990,46/1990, 49/1990, 115/1990, 254/1990, 118/1990 and 116/1990 filed by the prisoners, claiming the benefit of Section 8 of the M.P. Prisoners Release. on Probation Act, 1954.

(2.) The grievance of the petitioners in all the petitions is identical. According to them, the prisoners are entitled to get the benefit of Section 8 of the M.P. Prisoners Release on Probation Act, 1954 (hereinafter referred to as the Act). According to the petitioners in all the petitions, they fulfil all the conditions for being considered for release under Section 8 of the Act, still their cases are not being considered. Therefore, a directions be issued to the respondent to consider the prayer of the petitioners under Section 8 of the Act. The petitions have been mainly resisted on the ground that according to the policy of the Government since 1961 as has been contained in R/1 the circular issued to the Superintendent of Jails by the Inspector General of Prisons, the action under Section 8 of the Act is generally taken only in cases in which the sentences do not exceed six months and the offence is not of the serious nature. Other instructions pertaining to forwarding the applications are also contained in the said Circular. The respondents have, therefore, submitted that in view of the aforesaid Circular, the cases of the prisoners, who are convicted for serious offences, cannot be considered.

(3.) The learned counsel, who appeared on behalf of the petitioners, who are represented, vehemently argued that the Circular of the Inspector General of prisons is meaningless because the Circular is of a date which was prior to the framing of the Rules for the release of the prisoners on probation. According to the learned counsel, the Madhya Pradesh Prisoners Release on Probation Rules were brought into effect from 23-9-1964. Therefore, after the formation of the Rules, the Circular is meaningless and the action has to be take a in accordance with the Rules.