SHIBBU ALIAS SHIV RAM Vs. SUPERINTENDENT, CENTRAL JAIL, JABALPUR M.P.

JUDGEMENT

(1.) BY this petition, the petitioner has claimed issuance of a writ in the nature of habeas corpus directing his release from the Central Jail, Jabalpur, in terms and pursuance of the licence granted in his favour under section 2 of the M.P. Prisoner's Release on Probation Act, 1954 (hereinafter called the Act).

(2.) IT is urged that his detention in jail after the grant of licence under the aforesaid Act is wrongful. It is contended that there is no power to cancel the licence before it is given effect to or implemented. In any case, it could not be revoked without giving him an opportunity to show cause against the proposed revocation in the same manner as is required to be furnished to him under section 6 of the Act. At any rate, natural justice required such notice to him.

(3.) IT will thus be seen that though the State Government appears to have revoked the licence in terms of the provisions of section 6 of the Act, in the circumstances, it is truly an order recalling and cancelling the licence. In our opinion, a fair reading of the provisions of section 6 of the Act would indicate that it comes into play only after the licence is duly given effect to and implemented by release of the prisoner. As otherwise till his release, there can never arise any question of breach of any conditions of the licence on his part entailing revocation of the licence, and that is the reason why provision is made for giving him a hearing before revocation on that ground so that he may be able to show that he has committed no breach of any condition requiring revocation of the licence. The Act has prescribed Form 'E' in terms of which Order of revocation has to be passed and in that Order, the prisoner released on probation has to surrender to the Jail Authorities for being re -admitted and detained therein. This re -admission in jail lends further assurance to our view that revocation as such would be after release. In this view therefore, the provisions of section 6 of the Act cannot be pressed into service, notwithstanding the fact that the respondents, in their return filed in this Court in reply to the petition, claim that the cancellation of the licence has been in exercise of powers under that section. In our view, the cancellation of the licence, as has already been pointed out, is really nothing but recall of the Order granting the licence and of formally cancelling the same.