LAWS(J&K)-2008-12-38

RAM NARESH SINGH Vs. STATE

Decided On December 31, 2008
RAM NARESH SINGH Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) THE petitioner was serving in the Border Security Force and was posted in State of Jammu and Kashmir in the year 1991. It is alleged that he committed an offence punishable under Section 302 RPC whereupon a trial was conducted by the General Security Force Court and after conclusion of the trial, the petitioner was found guilty by the aforesaid court and sentenced to undergo imprisonment for life. He was also dismissed from service. After conviction he is undergoing the imprisonment at District Jail, Jammu. The petitioner applied for remission of the remaining sentence to Director General, Border Security Force and it was approved for premature release of the petitioner. This approval was conveyed to the Superintendent, District Jail, Jammu -respondent No.2 with a direction to release the petitioner from custody if he is not involved/convicted in any other case. It is alleged that despite of remission of remaining sentence of the petitioner, the respondent No. 2 has not released the petitioner from custody and has detained the petitioner illegally since April 2008 and thereby infringing the right to life of the petitioner by curtailing his liberty in violation of Article 21 of the Constitution of India. The petitioner has now filed this habeas corpus petition commanding the respondents to release the petitioner from illegal detention of respondent No.2 with a writ of mandamus commanding the respondents No. 1 and 2 to grant compensation to the petitioner for keeping him in illegal detention.

(2.) THE respondent No.1 has filed counter affidavit through Sh. Rattan Chand, Under Secretary to Government, Home Department, J&K stating therein that the Review Board for pre -mature release of prisoners constituted for Jammu -Division in its meeting dated 27.12.2007 considered the case of the petitioner -Ram Naresh Singh. The said Board was of the opinion that the case of petitioner was fit for recommendations to Government for remission of sentence and pre -mature release on the 'Republic Day of 2008. It is admitted that the Director General, Border Security Force has also approved the premature release of the petitioner. The recommendations of the Review Board were submitted to Home Department and the State Government recommended the case of the petitioner to the Central Government as required under para 54.19 in Jail Manual for the Superintendence and Management of Jails in the State of Jammu and Kashmir. It is stated that army and the para -military are the subject of the centre as such the action is required to be taken by the Central Government. The State Government is awaiting the directions from the Government of India for the release of the petitioner.

(3.) THE respondents No. 3 and 4 did not contest the petition seriously and in their objections they have admitted the case of the petitioner but prayed that the petition be dismissed.