LAWS(PAT)-2019-10-23

CHANDRA KANT KUMAR Vs. STATE OF BIHAR

Decided On October 25, 2019
Chandra Kant Kumar Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) Successive writ applications for issuance of certiorari and for quashing the orders by which attempts by the petitioner for premature release of his father from jail, have made the petitioner knock the doors of this Court once again as the State has failed to pass any orders for the release of the petitioner's father.

(2.) In the present writ application, the petitioner has again approached this Court aggrieved by an order dated 14.05.2013 (Annexure-19) by which the grievances of the petitioner for premature release of his father, Tribhuwan Sharma from jail has been rejected by the respondent no. 3 for the very said reasons for which it was earlier rejected. The case of the writ petitioner, son of the detenue, is that his father Tribhuwan Sharma had filed a request for his release after award of remission to him on the grounds which were tenable and in accordance with remission policy adopted by the State Government.

(3.) It would be necessary at the stage to recapitulate a few facts before we proceed to consider the legality/illegality of the repeated orders of rejection passed by the respondents.