LAWS(PAT)-2010-4-614

M.K. BALAKRISHNAN Vs. STATE OF BIHAR

Decided On April 21, 2010
M.K. BALAKRISHNAN Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) The petitioner, an Advocate and a social activist, as pro bono publico, preferred the present public interest litigation for issuance of a writ of mandamus for release of the life convicts languishing in central jails of Bihar as they have completed 14 years of incarceration.

(2.) It is averred in the petition that the life convicts, who have been convicted to undergo life imprisonment, have been released by the respective State Governments, who have the authority to release them after serving 14 years term on the recommendation of the Jail Advisory Committee under Section 433-A of the Code of Criminal Procedure but the same is being not done as a consequence of which the right to life of the said convicts as engrafted under Article 21 of the Constitution of India is affected.

(3.) It is urged, the State Government has not fixed any parameters how to proceed to deal with these kinds of convicts after granting remission under Section 433-A, and hence, this Court in exercise of power under Article 226 of the constitution of India can issue a set of guidelines so that the power is exercised in an uniform and non-discriminatory manner. It is asserted that release on expiry of 14 years including the period of remission is a laudable object as the same has a reformative measure but as no exercise being taken in that regard, the object has been frustrated and, therefore, the petitioner has been compelled to move this Court for appropriate direction in exercise of its inherent jurisdiction.