R.A.Misra, J. - (1.) This writ in the nature of Habeas Corpus has been moved by Mohd. Manif for his release.
(2.) The petitioner Mohd, Hanif was convicted under Section 302 of I.P.C. and sentenced to undergo imprisonment for life on 31st of July 1968. The State Government in exercise of its powers under Section 2 of U.P. Prisoners Release on Probation Act, 1938, (hereinafter called the Act) permitted the petitioner to be released under a license and in pursuance of the State Governments order under Section 2 of the Act, the petitioner was actually released on 7th of January 1978. The District Magistrate, Barabanki, vide his letter dated 22nd of February 1978 (Annexure-CA-l) requested the State Government to withdraw its order dated 7.8.1978 and revoke the license for the release of the petitioner. The District Magistrate thereafter received letter No. 1396Pj22- 800:77 dated March 1978 from the Deputy Secretary, Homes, U.P. Government, and in compliance thereof he issued notices to the petitioner under rule 10 of D.P. Prisoners Release on Probation Rules (hereinafter called the Rules). The petitioner failed to appear in response to the notice under rule 10 of the Rules. The District Magistrate then vide his letter dated 5th of December 1978 (Annexure-3 to the counter affidavit) recommended the revocation of the license. The State Government has vide. its order dated 29th of May 1980 revoked the license on the ground that the licences has breached condition no. 5 of the license. The aforesaid order has been communicated to the District Magistrate vide letter dated 30th May 1980 (Annexure-l to the counter affidavit). The petitioner has been arrested on 22nd of November 1982 and since then he is in jail. The petitioner then moved Writ Petition No. 1919 of 1983 in this court which was dismissed as it was not pressed. Hence the present petition.
(3.) Section 2 of the Act empowers the Government to release a convict by license on conditions to be imposed by it. It reads as below: S.2. POWER OF GOVERNMENT OF RELEASE BY LICENCE ON CONDITIONS IMPOSED BY ":-Notwithstanding anything contained in Section 401 of the Code of Criminal Procedure 1898, where a person is confined in prison under a sentence of imprisonment, and it appears to the State Government from his antecedents and his conduct in the prison .that he is likely to abstain from crime and lead a peaceable life, if he is released from prison, the State Government may by licence permit him to be released on condition that he be placed under the supervision or authority of a Government Officer or of a person professing the same religion as the prisoner or such secular institution or such society belonging to the same religion as the prisoner as may be recognized by the State Government for the purpose, provided such other person, institution or society is willing to take charge of him.' Section 6 of the Act empowers the State Government to revoke a license. It says as under: - S. 6-POWER TO REVOKE LICENCE: (1) The State Government may at any time for reasons to be recorded in writing revoke a licence granted under the provisions of Section 2: Provided that no licence shall be revoked on the ground of the breach of a condition of the licence without giving an opportunity to the person concerned to represent his case before the District Magistrate of the district in which he is residing at the time. (2) An order of revocation passed under the provision of sub-section(1) shall specify the date-with effect froth which the licence shall cease to be in force, and shall be served, in such manner as the State Government may by rule prescribe, upon the person whose, licence has been revoked. Rule 10 of the Rules Jays down the procedure which is to be followed by the District Magistrate for recommending revocation of a licence. It can fruitfully be extracted hereunder: R. 10-REVOCATION: (1) The District Magistrate on receiving information from the guardian or any other source, of breach by the licensee of the conditions of the licence, shall cause a notice to be served on the Licence to show cause why his licence should not be revoked. If the licensee presents himself in response to the notice, then after hearing him personally, and, if he does not present himself then without hearing him, the District Magistrate shall consider whether or not to recommend to the State. Government for the revocation of the prisoners licence and shall act accordingly. While making his recommendations to Government for revocation of the licence, the District Magistrate shall state the condition or conditions which, in his opinion, have been breached by the licensee and how they have been breached. (2) In case the District Magistrate decides to recommend the revocation of the licence, he may, at the same time if he considers that the licensee is unfit to be allowed to remain at large under the licence, order his arrest and detention in the prison pending the receipt of the orders of the State Government. (3) The State Government shall on receipt of the District Magistrates recommendation pass such orders as it may deem proper. (4) An order of revocation of licensee shall be in Form E and should be served upon the licensee if detained in prison by the Superintendent of the Prison, and, if not detained in prison, by the officer in charge of police station. (5) The order of revocation shall be noted on the licence and in the register maintained by the District Magistrate and the Superintendent. (6) If a prisoner released on licence under the Act escapes from the supervision or authority of a guardian or fails to return to person on revocation of his licence, the guardian shall immediately inform the District Magistrate and the Superintendent and report to the nearest police station, and action shall be taken against the prisoner as in a cognizable case;