JUDGMENT

P. N. BHAGWATI, J. :- This writ petition has again come up before us for further directions. Mr. U.P. Singh, learned Advocate on behalf of the State of Bihar, has intimated to us that pursuant to the directions given by us in our order dated 9th March, 1979,* the State of Bihar has already released 70 under-trial prisoners whose names were set out in the chart filed by Mrs. Hingorani on 9th March, 1979. It is highly regrettable that those under-trial prisoners should have remained in jail without trial for periods longer than the maximum term for which they could have been sentenced if convicted. We fail to see what moral or ethical justification could the State have to detain these unfortunate persons for such unreasonably long periods of time without trial. We feel a sense of relief that they should once again be able to breathe the air of freedom. But we find that there are still many more undertrail prisoners who fall within this category of persons who have been in detention for periods longer than the maximum term without their trial having been commenced. Mrs. Hingorani has filed before me at the hearing of the writ petition on 16th April, 1979 a second chart giving the names and particulars of some of these undertrial prisoners who have not yet got the benefit of the earlier order made by us. There are 59 under-trial prisoners whose names and particulars are set out in this chart and we direct that they should be released forthwith as their continued detention is clearly illegal and in violation of their fundamental right under Article 21 of the Constitution. There are also several other under-trial prisoners who are accused of multiple offences and even if we were to proceed on the assumption that the State would be able to secure their conviction and maximum sentences would be imposed on them and such sentence would not be concurrent in accordance with the usual practices followed by the courts but would be consecutive, they have already suffered the aggregate imprisonment which could be inflicted on them, and there is no reason why they should be subjected to any further detention. It may be pointed out that ordinarily the sentences imposed on conviction for multiple offences are concurrent and if we proceed on that assumption which is more realistic, it would be found that there are many undertrial prisoners who have already been in jail for periods exceeding the maximum term which could be imposed on them even if they were convicted of the multiple offences with which they are charged. We have requested Mrs. Hingorani to prepare a chart showing separately the above two categories of undertrial prisoners so that we can pass appropriate orders in regard to them at the next hearing of the writ petition. Mr. U. P. Singh, appearing on behalf of the State Government, will help Mrs. Hingorani in preparing this chart since Mrs. Hingorani has undertaken this public interest litigation as a matter of public duty and her resources are, therefore, bound to be limited.

* Reported in AIR 1979 SC 1369

2. We are informed that amongst the undertrial prisoners there are some who are lunatics or persons of unsound mind. It is difficult to understand how such persons could possibly be kept in the same jail along with other undertrial prisoners. We should like to know from the State Government, in an affidavit to be filed before the next hearing of the writ petition, as to what are the circumstances in which these persons have been kept as undertrial prisoners in the ordinary jails and what the State government proposes to do in regard to them. Mrs. Hingorani will prepare a list showing the names and particulars of these persons and Mr. U. P. Singh on behalf of the State Government will render the necessary help in this connection. The list may be filed by Mrs. Hingorani at the next hearing of the writ petition so that we may be able to pass final orders in regard to this category of undertrial prisoners.

3. We find that perus