THIMMA Vs. UNION OF INDIA

JUDGEMENT

(1.) The Petitioners herein are prisoners undergoing life imprisonment. They were convicted of a capital offence, that is, an offence for which death is one of the punishments prescribed by law. Their common case is that they have suffered imprisonment exceeding fourteen years including the remissions earned by them and are,, therefore, entitled to be considered for release if not set at liberty in the normal course. They complain that the State Government has refused to consider their cases on the ground that S- 433A CriPC 1973 ("the Code") is a bar for such consideration. They have asked for a declaration that S. 433A is inapplicable to their cases.

(2.) The petitions are resisted by the respondents on the sole ground that the petitioners have not yet served fourteen years of imprisonment as required by S. 433A of the Code.

(3.) The decision on these petitions, therefore, turns on the true scope of S. 433A arid for immediate reference the same is set out below: