BHAGWAT SARAN Vs. STATE OF UTTAR PRADESH
LAWS(SC)-1982-12-18
SUPREME COURT OF INDIA
Decided on December 06,1982

BHAGWAT SARAN Appellant
VERSUS
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

- (1.) Rule nisi.
(2.) After hearing counsel on either side and considering the affidavit of the respondents filed herein we are satisfied that it is a ease where the Committee's recommendations should have been accepted by the government. The Committee had recommended the release of these prisoners after taking into consideration the behaviour inside the jail as well as other factors. The only ground given by the State in the counter-affidavit is that "after considering their cases sympathetically, keeping in view the law and order situation they cannot be released". A bald statement like that without any attempt to indicate how law and order is likely to be adversely affected by their release cannot be accepted In fact there are no reasons why recommendations could not be accepted. We direct that the petitioners be released forthwith.;


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