- (1.) WE have heard Sri K.N. Bajpai, the learned A.G.A. In pursuance of our order dated 30th August 2012,
(2.) THE Superintendent, Central Jail, Shivpur, Varanasi has appeared and has filed his affidavit containing the causes which were required to be shown by him on account of non-execution of the release order by him which was issued to him in pursuance to our order dated 8th August 2012. It has been contended that in the light of court's circular letter no. 114/VIIb-47 Admin.(G) dated 7th October 1978, the Superintendent was asking for the details regarding the case number or sections along with quantum of sentences to be incorporated in the release order. It has also been submitted that the U.P. State Jail Manual, Para 99 also requires the Superintendent not to release any prisoner unless such a release order contains full particulars with regard to a prisoner to be released and had been sent by the court as far as possible through court peon after having been duly entered in the peon book. Not only that, the above paragraph of the Jail Manual further required him to act with care only after having wholly scrutinised that the release order was bearing the genuine seal of the court and signature of the Presiding Officer and in case of doubt, he was required to make a reference to the court concerned before carrying out the order in respect of release of a prisoner. As illustration in support of the above contention some documents have been annexed to the affidavit which appear at pages 37, 42, 51, 66, etc. of the affidavit.
(3.) WE have considered the two standing orders, one in the form of circular orders issued by this Court on 7th October 1978 which appears at page 11 of the present affidavit and the other appearing at page 10 which is para 99 of the Jail Manual. Para 99 of the Jail Manual requires full particulars in respect of the prisoner to be put down in the release order and nothing further is required by that particular paragraph except to be assured about the genuine signature of the Presiding Judge or the Presiding Officer of the court as well as about the seal of the court.;