SUSHIL KUMAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The petitioners, namely, Sushil Kumar, s/o Shri Chand Mal and Sunil Kumar, s/o Shri Pal have approached this Court for issue of a writ of certiorari for quashment of the order dated 10-4-2001 passed by the Probation Board under Prisoners' Release on Probation Rules, 1964 (herenafter referred to as 'the Rules') refusing to release them on licence and the confirmation thereof by the State Government by order dated 25-4-2001.

(2.) I may at the outset state that the present writ petition has been filed by giving details with regard to the concept of liberty, human rights, divinity that dwells in human heart, rights of freedom and such other rights that are put on a pedestal. There is prolific reference to the saving of Wallace Strews, Mahatma Gandhi, the father of the nation and some eminent Judges to build the foundation that the orders of rejection and confirmation thereof are sensitively suseptible and cannot stand scrutiny and deserve to be axed by this Court in exercise of its extraordinary jurisdiction. To put it differently, the orders are criticised as if there is a procrastean approach by the authorities.

(3.) Be it noted that the petitioners were convicted of the offences punishable under Section 302/149, 148 307 and 323 of the Indian Penal Code (in short 'the IPC') in S.T. No. 519/94. It is urged that they are in custody since 15-5-1994 and they are entitled to be released on probation as per the provision of the rules and as such they had applied for release. The competent authorities as well as the private member of the Board recommeded for release of the petitioner. It has been highlighted that on a number of occasion the petitioners were granted parole and they did not abuse their liberty. In spite of the aforesaid factual scenario the Probation Board did not accept the prayer of the petitioners and mechanically the same was given the stamp of approval by the State Government.