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 The cases of all the accused who are suffering from the above kind of diseases should be withdrawn. A committee consisting of the District Magistrate, the Civil Surgeon and Superintendent of Jail as members shall certify that such prisoners have such diseases.

(D ) All cases under the Indian Penal Code and local or special laws in which the accused is confined in jail for periods exceeding the maximum period of imprisonment possible for which he could be sentenced if convicted.

(E) All such cases which are pending investigation by the police of prisoners who are confined in jail for periods more than two years. Before orders for withdrawal of such cases are passed their investigation by the police should be taken only at the place where the charge-sheet has been submitted to the court. The District Magistrate should review in detail with the Superintendent of Police each such case and if he is satisfied that investigation by the police in a particular case is delayed due to justifiable reasons or where he considers that withdrawal of a case is not desirable in the public interest then such cases shall not be withdrawn. It shall be the personal responsibility of the Superintendent of Police to speedily complete the investigation of cases.

and instructed the District Officers to immediately review the cases of all the undertrial prisoners confined in jails of their respective districts and take necessary legal steps for the withdrawal .of cases in accordance with this policy decision. We are glad that the State government has activised itself and responded in some measure to the observations made by this court and decided to withdraw certain specific kinds of cases against the undertrial prisoners in the jails in the State of Bihar. The only observation we would like to make in this regard is that so far as clause (e) of the policy decision is concerned it would be desirable if it is clarified, so as to indicate precisely what kinds of cases of persons who have been undertrial prisoners for more than two years without their trial having commenced, are sought to be covered by that clause. It is stated in that clause that the District Magistrate should review in detail with the Superintendent of Police each such case and it is only where he is satisfied that investigation by the police in a particular case is delayed due to justifiable reasons or he considers that withdrawal of a case is not desirable in the public interest, that such case shall not be withdrawn. We hope and trust that decision in this respect will be taken by the District Magistrate in regard to each case at a very early date and that no undue delay will be caused in reaching the decision whether such case should be withdrawn or not. We are glad that a step has been taken by the State Government in the right direction and we hope and trust tha