AJAY SHARMA Vs. STATE OF J K

JUDGEMENT

(1.) A representation as addressed to Hon'ble the Chief Justice by a number of convicts lodged in Central Jail Jammu through Superintendent Central Jail Jammu. The crux of the representation as that there was no compliance of the provisions of the Jail Manual nor the convicts have been given remission in their sentence under the said Manual and that the convicts have been discriminated in the matter of remission. It was treated as a habeas corpus petition.

(2.) The learned single Judge after hearing the concerned parties at length was of the view that the controversy in question which has arisen on account of the insertion of Section 433A of the Central Criminal P.C. and the judgment of the Apex Court as reported in Gopal Vinayak Godse v. State of Maharashtra, needs consideration for authoritative adjudication by a Larger Bench on the following questions of law :-

(3.) We have heard learned counsel for the parties and with their able assistance gone through the relevant provisions contained in various enactments.