IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY FIFTH DAY OF MARCH 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 : 5426 of 2009 Between: 1 S. Ramana S/o. Narayana C.T.No.5577, Central Prison, Cherlapalli, Ranga Reddy (District). 2 B. Anjaiah S/o. Ramaiah C.T.No.6220, Central Prison, Cherlapalli, Ranga Reddy (District). ..... PETITIONERS 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 Prisons and Correctional Services, Hyderabad, Andhra Pradesh. 3 The Superintendent, Central Prison, Cherlapalli, Ranga Reddy (District). .....RESPONDENTS 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 the petitioners 1 to 2 confined in Central Prison, Cherlapalli, R.R. 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 7.8.2007 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 jai beyond 14.8.2008, and award damages. Counsel for the Petitioner:SMT A.GAYATRI REDDY Counsel for the Respondent No.: THE ADVOCATE GENERAL The Court made the following : ORAL ORDER (per Honourable Sri Justice A. Gopal Reddy): Heard the learned counsel for the petitioners and the learned Assistant Government Pleader representing the Advocate General for the respondents. Both the counsel fairly conceded that the issue involved in the present writ petitions is squarely covered by the judgment of this court dt.16- 12-2008 passed in WP Nos.19766 and 21270 of 2008, wherein this court 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 15-08-2008 vide G.O.Ms.No.99, Home (Prisons-C) Department dt. 12-5-2008.The guidelines prescribed for recommending the release of the under trail 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 dt. 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 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. It has also been admitted the names of the petitioners in the present writ petition were shown in the list which was forwarded by the third respondent and the said list was not enclosed to G.O.Ms.No.168, but the list which was prepared by the third respondent, Superintendent, Central Prison, Cherlapally, Ranga Reddy District, herein duly following the guidelines mentioned in G.O.Ms.No.197, dt. 7-8-2007 was forwarded to the High Level Committee for its consideration. Admittedly, in the case on hand, the alleged detunes (petitioners in the writ petition) 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 third respondent for consideration of extending the remission for his release by extending the benefits under G.O.Ms.No.197 Home (Prisons-C) Department dt. 7-8-2007. In view of the same, the writ petition is allowed ordering the release of the petitioners, who are confined in Central Prison, Cherlapally and they shall be set at liberty forthwith. ________________ A.GOPAL REDDY, J ___________ K.C.BHANU, J Dt. 25-3-2009 kmr