JUDGMENT

TULZAPURKAR, J. :— This writ petition raises, the question whether persons sentenced to imprisonment for life are entitled to set-off their undertrial period of detention against their sentence under Sec. 428 of the Criminal Procedure Code ?

2. The facts giving rise to the aforesaid question may be stated. The three petitioners (Kartar Singh, Mukhtiar Singh and Baljit Singh) on conviction under Sec. 302, Indian Penal Code were sentenced to imprisonment for life, the first two on 20th February, 1973 and the last on 17th September, 1975 and each one of them is at present undergoing his sentence in one or the other jails at Hissar in the State of Haryana. The petitioners have pointed out that in Maru Ram. v. Union. of India, (1981) 1 SCR 1196 this Court while upholding the constitutional validity of See; 433-A of Criminal Procedure Code, has held the section-to be prospective in effect, that is to say, the mandatory minimum of 14 years actual imprisonment specified therein will not operate against those whose, cases were decided by the trial court before 18th December, 1978 when the section came into force and, that all lifers whose conviction by the court of the first instanc