IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE EIGHTH DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE A.GOPAL REDDY and THE HON'BLE MR JUSTICE K.C. BHANU WRIT PETITION NO : 6812 of 2009 Between: 1 B.VIJAYA KUMAR, S/o. B.Chandraiah, Central Prison,Cherlapally, Ranga Reddy District. 2 M.KRISHNAIH, S/o. Balaiah, Central Prison, Cherlapally, Ranga Reddy District. 3 B.G.BAKKANNA, S/o. Chinna Mallaiah, Central Prison, Cherlapally, Ranga Reddy District. 4 T.BHOOMAIAH, S/o. T.Durgaiah, Central Prison, Cherlapally, Ranga Reddy District. 5 MD.MUJEEBUDDIN, S/o. Nayeemuddin, Central Prison, Cherlapally, Ranga Reddy District. ..... PETITIONER(S) AND 1 The State of Andhra Pradesh, Rep by its Principal SEcretary, Home Department, Secretariat Buildings, Hyderabad. 2 The Director General and Inspector, General of Prisions & Correctional Services, Hyderabad, Andhra Pradesh. 3 The Superintendent, Central Prison, Cherlapalli, Ranga Reddy District. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a Writ, Order or Direction more one in the nature of Writ of Habeas Corpus and direct the respondents herein to release petitioners 1 to 5 confined in Central Prisons, Cherlapalli, Ranga Reddy district, 3rd Respondent) and produce before this Hon'ble Court, set them at liberty forthwith by declaring the action of the respondents herein in not releasing the petitioners by extending the benefits of the guidelines issued in G.O.Ms.No.197 Home (Prisons-C) Department, dated 07-08- 2007 and by accepting the recommendations of the Selection committee and deleting the petitioners names while issuing orders in approving the recommendations of the committee vide G.O.Ms.No.168 Home (Prisons- C) Department dated 14-8-2008 on the occasion of Commemoration of 150 years of 1st War of Independence as illegal, arbitrary affecting the right to liberty which affects the fundamental rights of the citizen, amounting to wrongful confinement and illegal detention in keeping them in jail beyond 14-08-2008, award damages and to, and pass Counsel for the Petitioner:MRS.K.RAJITHA Counsel for the Respondent No.: THE ADVOCATE GENERAL The Court made the following : HON’BLE SRI JUSTICE A. GOPAL REDDY AND HON'BLE SRI JUSTICE K.C. BHANU WRIT PETITION No. 6812 OF 2009 ORDER: (Per Hon’ble Sri Justice A. Gopal Reddy) The learned Special Government Pleader representing the Advocate General fairly conceded that the subject-matter of the writ petition is squarely covered by the judgment of this Court in W.P.Nos.19766 and 21270 of 2008 dated 16.12.2008. This Court by judgment in W.P.Nos.19766 and 21270 of 2008 dated 16.12.2008 held that the guidelines issued in G.O.Ms.No.197 do not differentiate the non-life convicts on the basis of age. The said G.O. was extended to the non-life convicts who have undergone half of the sentence including the remission as on 15.8.2008 which was amended to 30.4.2008 instead of 15.8.2008 vide G.O.Ms.No.99, Home (Prisons-C) Department, dated 12.5.2008. The guidelines prescribed for recommending the release of the under-trial prisoners who have completed 45 years of age, have not been uniformly applied to the prisoners whereby the Government in G.O.Ms.No.168 dated 14.8.2008 released the prisoners who are below 45 years of age. It has been admitted in the counter affidavit filed by the respondents that when G.O.Ms.No.197 does not differentiate the non-life convicts who have completed half of the sentence, the committee constituted under the G.O. cannot differentiate the categories of prisoners under the guidelines. Admittedly, in the present case, the alleged detenus viz. (1) B.Vijay Kumar, CT.No.6069; (2) M.Krishnaiah, CT No.6963; (3) B.G.Bakkanna, CT No.5565; (4) T.Bhoomaiah, CT No.6430; and (5) MD.Mujeebuddin, CT No.6263, who are confined in Central Prison, Cherlapally have completed more than half of the sentence including the remission whose names were also forwarded by the Jail Superintendent for consideration of extending the remission for their release by extending the benefits under G.O.Ms.No.197, Home (Prisons-C) Department, dated 7.8.2007. In view of the above, the writ petition is allowed ordering the release of (1) B.Vijay Kumar, CT.No.6069; (2) M.Krishnaiah, CT No.6963; (3) B.G.Bakkanna, CT No.5565; (4) T.Bhoomaiah, CT No.6430; and (5) MD.Mujeebuddin, CT No.6263, who are confined in Central Prison, Cherlapally, Hyderabad. No costs. _________________ (A. GOPAL REDDY, J.) _______________ (K.C. BHANU, J.) APRIL 08, 2009 TSR