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1995 Supreme(All) 556

K.C.BHARGAVA, I.S.MATHUR
MEHANDI HASAN – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent


Advocates Appeared:
DIPAK SRIVASTAVA

I. S. MATHUR, J.

( 1 ) ARBITRARINESS in State action, in consideration and disposal of matters relating to premature release under Section 2 of the U. P. Prisoners Release on Probation Act, 1938, hereinafter referred to as Probation Act, and the rules, continues unabated. Neither the clear provision of the Act and the rules nor numerous judgements of Honble Supreme Court and of this Court, authoritatively interpreting these provisions and categorically laying down the guidelines seem to pursuade, far less to compel, the authorities to act in accordance with law. The categorically directions of Honble Supreme Court and of this Court that the reports of the concerned authorities, the Probation Officer Superintendent of Police, District Magistrate and the Board as also the order passed by the State Government, must be based on reasons continue to be violated. Perhaps, these authorities are under a misunderstanding that the law laid down by Honble Supreme Court or by this Court is binding only between the parties. They will do well to understand the established legal position that law laid down by Honble Supreme Court is not only binding between the parties but it is equally binding on




















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