S.NATARAJAN, S.RATNAVEL PANDIAN
R. Ragupathy, a Panel Advocate, Madras District Committee for Legal Aid and Advise, 3, Law Chambers, High Court, Madras – Appellant
Versus
State of Tamil Nadu, represented by the Secretary to Government, Home Department, Fort St. George, Madras 9 – Respondent
Natarajan, J.
This batch of writ petitions have been filed by various persons, who are undergoing sentence of imprisonment for life in the several prisons in the State for their convictions under Section 302, I.P.C. In most of the cases, the petitioners seek the issue of writs of habeas corpus for being set at liberty on the ground that their premature release from prison has been recommended by the Advisory Board, but in spite of it, the State Government has failed to accept the recommendation of the Advisory Board and remit the unexpired portion of the sentence and therefore, their further detention in prison is illegal. In the other cases, the averments of the petitioners are that in spite of their having served ten years or more of prison sentence and having earned a blemishless record of service in prison, the Advisory Board has wrongly failed to recommend to Government their premature release and therefore, their continued detention in prison is illegal, and they should be set at liberty forthwith.
2. Legal aid has been provided to all the petitioners to file these petitions by the Madras District Committee for Legal Aid and Advice, and as a consequence thereof, Messr
M/s. Kasturi Lal v. State of J. &. K. (1980) 4 S.C.C. 1: A.I.R. 1980 S.C. 1992
Palani Co-operative Sales Society v. Presiding Officer (1975)88 L.W. 191: A.I.R. 1974 Mad. 241
Tara Singh v. State of Rajasthan (1975)4 S.C.C. 86: A.I.R.1975 S.C. 1487: (1975) Lab I.C. 1046
Shyam Sunder v. State of Rajasthan (1981)2 S.C.C. 672: A.I.R. 1982 S.C. 1175: (1982) Crl. L.J. 1388
Kharak Singh v. State of U.P. (1964)2 S.C.J. 107: (1964) 1 S.C.R. 332: A.I.R. 1963 S.C. 1295
A.K. Kraipak v. Union of India (1970)1 S.C.J. 381: (1970) 1 S.C.R. 457: A.I.R. 1970 S.C. 150
Settlement Commissioner v. Om Prakash (1968) 3 S.C.R. 655: A.I.R. 1969 S.C. 33
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