Badri Nath Mandal alias Badri Kedar Nath Mandal and Others vs The State of Bihar and Others

S.B. Sinha and S. Hoda, JJ.—In this application the petitioners have prayed for issuance of a writ of or in the nature of mandamus directing the respondents to release them from jail custody on the ground that they had completed more than 14 years.

The learned G.P.I. states that in terms of the provisions of Bihar Jail Manual, the case of the petitioners has been referred to before the State Government for passing a suitable order. The learned G.P.I. concedes that the petitioners have been in jail custody for a period of 14 years and their case would not be covered by Section 433A of the Code of Criminal Procedure.

This matter is fully covered by a decision of the Supreme Court in Shri Niwas and Others Vs. Delhi Administration and Others, . In the aforementioned Supreme Court decision it was considered that the Board has to ascertain and consider certain facts bearing on the question of premature release of the petitioners and thus the Supreme Court granted some time to the Board to consider the case of the petitioners before it.

Following the aforementioned decision of the Supreme Court we issue a writ of mandamus directing the authorities concerned to consider and dispose of the petitioner''s case within one month from today taking into consideration the fact that the case of the petitioners, on the respondent''s own showing, has been referred in the month of May 1991.

This application is thus, disposed of with the aforementioned directions.