SHIV KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) THE prisoners viz. Brij Mohan @ Ram Singh and Gulla @ Satya Narayan (Life Convicts), who have served the sentence for a period of more than 23 years, filed this Habeas Corpus petition through their relative.

(3.) UNDENIABLY the two prisoners in the instant case have completed continued detention of 23 years including remission earned. The Government did not pay sufficient attention to the conduct-record of these prisoners while in jail nor did it consider whether they had lost their potentiality in committing crime. The relevant aspect, namely, that there is no fruitful purpose in confining them any more was also not considered nor the socio economic conditions of the prisoner's family were taken into account. More importantly the mandatory provisions contained in Rule 12 have been flouted. Thus the order of the Government in declining the release of the prisoners suffer from infirmities and is liable to be quashed.