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| HC admits convict BSF personnel’s petition; issues directions to respondents | | | Early Times Report
Jammu, Dec 31- In a habeas corpus petition filed by convict BSF personnel, seeking pre- mature release pursuance to the approval of the Director General BSF, Justice Vinod Gupta of Jammu and Kashmir High Court today directed Government of India through Home Department to issue necessary directions in the matter within a period of 15 days from today and in case no directions are issued it will amount to the approval and Superintendent District Jail Jammu shall release the convict from custody immediately after the lapse of 15 days.
This significant direction has been passed by the High Court in a habeas corpus petition
filed by Ram Naresh Singh through Advocate Vishal Sharma. The petitioner who is
undergoing life imprisonment at District Jail Jammu had applied for remission of
the remaining sentence to DG BSF which has been approved. This approval was
conveyed to the Superintendent District Jail Jammu with a direction to release a
petitioner from custody who instead of releasing the petitioner detained him illegally
since April 2008 thereby infringing the rights of the petitioner by curtailing his liberty.
Justice Gupta, after hearing Advocate Vishal Sharma appearing for the petitioner, Additional Advocate General VK Chopra appearing for the state and Ajay Sharma Advocate CGSC appearing for the Union of India, observed that the petitioner who committed a murder of his colleague was awarded life imprisonment by General Security Force Court, besides dismissing him from service. After conviction he is under going the imprisonment at District Jail Jammu and had applied for remission of the remaining sentence which was approved by the Director General BSF for the premature release of the petitioner on April 8, 2008 as the DG BSF is a competent to do so under the BSF Act. Justice Gupta further observed that Article 21 of the Constitution of India guaranteed the freedom of person and the petitioner has been detained in custody since April 2008 despite the proper approval of remission by the competent authority. It shows slackness on the part of Government of India to take decision for the last more than eight months in this matter. This amounts to curtailment of freedom and liberty of the petitioner, the court observed and directed Government of India to issue necessary directions in the matter within a period of 15 days from today and in case no directions are issued it will amounts to the approval and Supt District Jail Jammu shall release the petitioner from custody immediately after the lapse of 15 days. JNF
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