CHANDRA KANT KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard parties.

(2.) Through this writ application, the petitioner seeks quashing of the decision contained in Annexure-4 so far it concerns the father of the petitioner whose case has been considered at sl. no.19 thereof by which, though recommended for his premature release by the several authorities, the Bihar State Sentence Remission Board (hereinafter referred to as 'the Remission Board') has rejected his claim on the ground that in view of the policy decision of the State as discussed in the Notification No. 3106 dated 10.12.2002, the father of the petitioner, who is convict under TADA Act, 1987 along with other provisions of Indian Penal Code including Section 302, would not be entitled for his release in view thereof.

(3.) It appears that the Jail Superintendent has recommended for release of the petitioner vide his report dated 12.02.2017. The concerned Superintendent of Police also, in his report dated 14.08.2016, has made a recommendation for his premature release and the Presiding Officer has also observed that the competent authority can take a decision in accordance with law for his release. However, on the aforesaid ground the petitioner's case has been rejected.