ition Criminal No 981 of 1984
Under article 32 of the Constitution Navin Malhotra and Harjinder Singh for the Petitioners
K Parasaram Attorney General and A V Rangam for the Respondent
The Judgment of the Court was delivered by G VENKATARAMIAH J
We have heard Shri Navin Malhotra amicus curiae and the learned Attorney General for the State of Tamil Nadu
In State of Andhra Pradesh vs Vallabhapuram Ravi 1058 Criminal Appeal No 254 of 1984 in which judgment was delivered on September 14 1984 this Court has held that adolescent offenders kept in a Borstal School by virtue of orders made by the State Government under section 10 A of the Andhra Borstal Schools Act 1925 cannot be detained in the Borstal School or in any other place after they have attained 23 years of age and that they should be released
The provisions of the Tamil Nadu Borstal Schools Act 1925 are identical with the provisions of the Andhra Borstal Schools Act 1925
In the judgment referred to above the decision of the Madras High Court in In re
Ganapati which had taken the view that after section 433A of the Code of Criminal Procedure 1973 came into force a person who was convicted of an offence punish able under section 302 of Indian Penal Code but sentenced to imprisonment for life and who was by virtue of an order passed under section 10 A of the Tamil Nadu Borstal Schools Act 1925 detained in a Borstal School could not be released before he completed 14 years of detention has also been overruled
In the circumstances it has to be held that the State Government of Tamil Nadu cannot keep any adolescent offender who is convicted of a capital offence but sentenced to imprisonment of life in respect of whom an order is made under section 10 A of the Tamil Nadu Borstal Schools Act in a Borstal School or in any other kind of detention after he has attained 23 years of age
We therefore direct the Government of the State of Tamil Nadu to release all such inmates of the Borstal Schools in Tamil Nadu who have attained 23 years of age forthwith
If the petitioner C Elumalai satisfies the above condition he is also entitled to be released and if he is not in detention he shall not be taken back into custody
The writ petition is accordingly allowed
NVK Petition allowed


Summary:
The State Government of Tamil Nadu cannot keep any adolescent offender who is convicted of a capital offence but sentenced to imprisonment of life in respect of whom an order is made under section 10 A of the Tamil Nadu Borstal Schools Act in a Borstal School or in any other kind of detention after he has attained 23 years of age The State Government is therefore directed to release forthwith all such inmates of the Borstal Schools in Tamil Nadu who have attained 23 years of age
1058E F State of Andhra Pradesh vs Vallabhapuram Ravi   followed
In re
Ganapati  over ruled