- (1.) A. N. Gupta, J. The petitioner who as a life convict is lodged in the Fatehgarh Central Jail has prayed that the State Government be directed to give him the benefit of G. O. dated 29th May, 1989, according to which those convicts who has completed 70 years of age were entitled to premature release on the occasion of the birth centenary of Pandit Jawahar Lal Nehru, Dr. Sampurna nand, Acharya Narendra Dev and Maulana Abul Kalam Azad. The contention of the Jail Authorities and State of U. P. is that at the relevant time the peti tioner was not aged 70 years and is, therefore, not entitled to the benefit of the said G. O. According to the petitioner he is aged about 95 years and in his petition he has referred to his age recorded in the Jail Registers.
(2.) WE have heard SriJai Shanker Audichya,learned counsel for the petitioner and Sri Shivaji Misra, learned A. G. A. at length. We summoned the relevant registers of Fatehgarh Central Jail one of which shows that the petitioner entered the Jail for the first time on 2-10-1972 and at that time his age was recorded as 55 years. Subsequently, two entries were made in the Jail Registers, when the petitioner came back on both the occasions after parole. In the entry dated 8-5-1978 petitioner's age has been recorded as 53 years. When in October, 1972 he was aged about 55 years, we fail to understand how his age would be reduced by 2 years after 6 years. In the entry dated 20-4-1988, petitioner's age has been shown as 70 years. None of these entries tally with each other. In fact in the entry dated 20-4-1988 there is cutting as well as overwriting. The respondents rely on the medical examina tion said to have been conducted by the Chief Medical Officer. Counter affi davit shows that it was only an estimate of age which was given by the Chief Medical Officer. In fact at that stage it is very difficult to determine the age precisely by means of medical examination. As mentioned above, in order to resolve the said conflict we directed the Jail registers to be produced before us and Sri H. S. Sharma, Deputy Jailor of Fatehgarh Central Jail brought the Registers which shows that on 22nd October, 1972 when the petitioner was entered in Jail for the first time his age was recorded as 55 years and there is no reason why this should not be relied. Photostat copies of 3 relevant pages of the 3 regisers have been filed which have been signed by the said Deputy Jailor and the same are taken on record and shall form part of this file. It is thus clear that the petitioner was aged more than 70 years on the date of the said G. O. and therefore, he is entitled to get the benefit thereof because he does not fall into any exception given in that G. O.
(3.) ACCORDINGLY the writ petition is allowed. The respondents are direct ed to take steps to release the petitioner in accordance with the G. O. dated 29-5-1989. Let a copy of this order be sent to the Central Jail, Fatehgarh and a copy of it be handed over to Sri Shivaji Mishra for its immediate transmission to the State Government for immediate compliance. Petition allowed. .;