1IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 22/02/2006
Coram
The Hon'ble Mr. Justice P.SATHASIVAM
and
The Hon'ble Mr. Justice J.A.K.SAMPATHKUMAR
HCP No.114 of 2006
Laxsman Singh ... Petitioner
-Vs-
1. State of Tamilnadu, represented
by Secretary, Home (Prison)
Department, Fort St. George,
Chennai 600 009.
2. The Inspector General of Prison,
Chennai 600 002.
3. The Superintendent,
Central Jail No.2,
Tihar, New Delhi. ... Respondents
Petition under Article 226 of the Constitution of India for the
issuance of a writ of habeas corpus to call for the records, direct the
respondents herein to produce the body of the petitioner Laxsman Singh, son of
late Gian Singh, now confined in Central Jail No.2, Tihar, New Delhi, before
this Court and set him at liberty.
For Petitioner : Mr.P.Venkatasubramanian
^For R-1 & R-2 : Mr.Abudukumar Rajarathinam,
Government Advocate.
:O R D E R
(Order of the Court was made by P.SATHASIVAM, J.)
The petitioner, by name Lakshman Singh of New Delhi, who is now
confined in Central Jail No.2, Tihar, New Delhi, has filed this Petition
seeking for a direction to the respondents to produce him before this Court
and set him at liberty.
2. Based on the averments made in the affidavit filed in support of
the above petition, this Court directed the learned Government Advocate to get
instruction with reference to the grievance expressed by the petitioner.
Pursuant to the same, on behalf of the second respondent, Additional Director
General of Prisons, Chennai-8, Tamil Nadu, has filed counter affidavit,
highlighting various aspects.
3. It is seen that the petitioner herein, who is a life convict and
now confined in Central Prison, Tihar, New Delhi, was convicted under
Sections-302 read with 34, 148, 449 and 395 read with 397 IPC. and sentenced
to undergo imprisonment for life, RI for 3 years, RI for 10 years (2 counts)
respectively, the sentences to run concurrently, in S.C. No.139 of 1985, by
Judgment dated 31.12.1986 of the Sessions Court, Chengleput. He was sent to
Central Jail, Tihar, on 12.05.1990.
It is further seen that the petitioner was admitted in Prison on 10
.06.1985 as a remand prisoner and sentenced to imprisonment on 31.12.1986.
When he was transferred to Central Jail, Tihar, he had escaped from Police
custody at the Court of New Delhi and remained at large from 01.06.1991 to
22.8.1991. On another occasion, when he was released on leave as per orders
of the Supreme Court from 23.05.1992 to 31 .5.1992, he absconded and later
recaptured only on 17.2.1993. As such, he remained at large for a total
period of 352 days. According to the information furnished by the Additional
Director General of Prisons, the petitioner completes 20 years of actual
sentence on 05.06.1 006.
It is also brought to our notice that his earlier petition in HCP
No.886 of 1999, requesting to release him, was dismissed by this Court on
30.08.1999. Subsequently, he filed Writ Petition (Crl.) No.187 of 2004 before
the Hon’ble Supreme Court and the same was also dismissed on 25.02.2005.
4. In addition to the above information, learned Government Advocate
has brought to our notice various Government Orders relating to premature
release and it is contended that inasmuch as the petitioner was also convicted
under Section 397 IPC., ie., for dacoity, he is not eligible for premature
release. However, it is not for this Court to go into those aspects since as
per the information furnished, the petitioner will complete twenty years of
actual sentence only on 05.06.2 006.
5. We do not find any valid ground to accept the case of the
petitioner. Accordingly, the Habeas Corpus Petition is dismissed.
Index : yes
Internet : yes
JI.
To
1. The Secretary to
Govt. of Tamil Nadu, Home (Prison)
Department, Fort St.George,
Chennai 600 009.
2. The Inspector General of Prison,
Chennai 600 002.
3. The Superintendent,
Central Jail No.2,
Tihar, New Delhi.