JUDGMENT

R.N. Aggarwal, J. - By this petition under Article 226 of the Constitution of India, Vijay Kumar and 8 others (life convicts) have challenged the legality and vires of their continued imprisonment in Tihar Jail after their transfer from the Brostal Jail at Faridkot.

2. We shall here briefly notice the facts of the case of each petitioners.

1. Vijay Kumar:

Vijay Kumar was tried for an offence under section 302 read with section 34 of the Indian Penal Code and he was sentenced to life imprisonment on 26th November 1976. Vijay Kumar at the time of the commission of the offence was 18 years old. Vijay Kumar was transferred to the Borstal Jail at Faridkot on 11th March 1977 and he was transferred back to Tihar Jail Delhi on 31st January, 1980.

2. Dalip Singh Chand:

Dalip Singh was convicted for offences under sections 302. 307 of the Indian Penal Code and section 27 of the Arms Act and he was sentenced to imprisonment for life on the first charge, rigorous imprisonment for 4 years on the second charge and rigorous imprisonment for one year on the last large. The sentences were ordered to run concurrently. Dalip Singh at the relevant time is stared to be 17 years old. He was