Case Note & Summary
The petitioner, Kishan Bhimaji Jagdale, a prisoner, sent a communication from jail which was registered as a Criminal Writ Petition before the Bombay High Court, Bench at Aurangabad. The limited grievance of the petitioner was that he had completed the age of 65 years and was therefore entitled to be released prematurely. An application recommending his premature release had been forwarded to the competent authorities in February 2009. The affidavit-in-reply filed on behalf of the respondent State of Maharashtra indicated at paragraph 9 that the proposal for premature release was pending consideration with the Government. The petitioner had also submitted a birth certificate from competent authorities to prove his age. Since the proposal was pending, the High Court allowed the petition to the limited extent of directing the Government to decide the proposal in accordance with law, particularly in accordance with the Government resolution dated 10.1.2006 and any subsequent resolutions, within eight weeks from the date of the order. The court also directed that the decision be communicated to the petitioner. The rule was made absolute on the above terms with no order as to costs. The court quantified the fees payable to the appointed counsel for the petitioner at Rs. 2000/-.
Headnote
A) Criminal Law - Premature Release - Age of 65 Years - Government Resolution Dated 10.1.2006 - Petitioner claimed entitlement to premature release upon attaining 65 years of age - Proposal for premature release was pending consideration with the Government - Court directed the Government to decide the proposal in accordance with law, particularly the resolution dated 10.1.2006, within eight weeks - Held that the Government must consider the proposal expeditiously and communicate the decision to the petitioner (Paras 2-4).
Issue of Consideration
Whether the petitioner, who has completed 65 years of age, is entitled to premature release under the Government resolution dated 10.1.2006, and whether the Government must decide the pending proposal expeditiously.
Final Decision
The petition is allowed to the limited extent of directing the Government to decide the petitioner's proposal for premature release in accordance with law, particularly the Government resolution dated 10.1.2006 and any subsequent resolutions, within eight weeks from the date of the order, and communicate the decision to the petitioner. Rule made absolute with no order as to costs.
Law Points
- Premature release
- Government resolution
- Age of 65 years
- Pending proposal
- Direction to decide
