P.R.SHIVAKUMAR, C.NAGAPPAN
D. Ethiraj – Appellant
Versus
Secretary to Government, Chennai – Respondent
C. NAGAPPAN, J.
1. The convict prisoner D.Ethiraj is the petitioner herein, and according to him, his sentence of three years Rigorous Imprisonment has to be treated as undergone as he is entitled to the benefit of remission granted in six Government Orders, and because of the omission on the part of the respondents to give the benefit of remissions provided in the said Government Orders, his detention has become illegal and violative of Article 21 of the Constitution of India, and hence he has to be set at liberty.
2. The petitioner while working as Deputy Superintendent of Police at Ootacamund, Nilgiris District, was implicated in the case registered in Crime No.260 of 1987 on the file of B1 Police Station, Ooty and he was convicted by the learned District and Sessions Judge, Ooty, by judgment dated 14.1.1992, in Sessions Case No.11 of 1989 and sentenced to undergo three years Rigorous Imprisonment for an offence under Section 366 read with 109 IPC; one year Rigorous Imprisonment for an offence under Section 419 read with 109 IPC and one year Rigorous Imprisonment for an offence under Section 119 IPC. The petitioner preferred a criminal appeal in C.A.No.64 of 1992, and
1. Maru Ram Vs. Union of India ((1981) 1 SCC 107).
3. Sunil Fulchand Shah Vs. Union of India & Others ((2000) 3 SCC 409).
5. State of Haryana & Others Vs. Mohinder Singh ((2000) 3 SCC 394).
10. State of Haryana & Others Vs. Mohinder Singh ((2000) 3 SCC 394).
7. State of Haryana Vs. Mahender Singh & Others ((2009) 1 SCC (CRI) 221) and
12. Nauratta Singh case 2000 (3) SCC 514.
2. Sarath Chandra Rabha & Others Vs. Khagendranath Nath & Others (AIR 1961 SC 334).
4. State of Haryana Vs. Mahender Singh & Others ((2007) 13 SCC 606).
6. Joginder Singh Vs. State of Punjab & Others ((2001) 8 SCC 306);
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.