P.N. BHAGWATI, J.

(1) MR. Lal Narain Sinha appearing on behalf of the respondent has handed over to us in its English translation a letter dated 9/02/1979 addressed by the Special secretary to government of Bihar to all District Officers, setting out a policy decision taken by the State Government in regard to undertrial prisoners. The State government ha¯, according to this letter, decided to withdraw, with the permission of the courts concerned, the following types of cases as provided under the law

(A) All cases under the Forest Act, Excise Act, Police Act and Motor Vehicles Act the offences of which are of ordinary nature and the often (sic) accused is confined injail for six months or.more;

(6) All cases under S. 109 of the Criminal Procedure Code in which the accused is in jail for more than six months. Immediate steps may be taken to drop such cases under S. 111(6) of Criminal Procedure Code.

(C) All leper prisoners or prisoners suffering from other dangerous infectious diseases who are accused of offences other than those referred to in clause (a) above who are in jail for six months and above. The cases of all the accused who are suffering from the above k