IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY SEVENTH DAY OF JANUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE A.GOPAL REDDY and THE HON'BLE MR JUSTICE R. KANTHA RAO WRIT PETITION NO : 28813 of 2008 Between: Yalavarthi Tirupatamma W/o. Anjaneyulu R/o. Bodasambunivari Palem, Kanamarlapudi ( Post ), Epuru (M), Guntur District. ..... PETITIONER AND 1 The State of A.P., Rep. by its Principal Secretary, Secretariat Buildings, Hyderabad. 2 The Director General and Inspector General of Prisons adn Correctional Services, Hyderabad, A.P. 3 The Superintendent, Central Prison, Rajahmundry, East Godavari 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 to issue a writ order or direction more one in the nature of Writ of HABEAS CORPUS nd direct the respondent herein to release Yalavarthi Anjaneyulu, S/o. Guravaiah, C.T.No. 6992 confined in Central Prisons, Rajahmundry, ( 3rd respondent) who is the husband of the petitioner to produce before this Hon'ble Court, set him at liberty forthwith by declaring the action of the respondents herein in not releasing the petitioner's husband by extending the benefits of the guidelines issued in G.O.Ms.No. 197 Home ( Prisons-C) Department, dated : 7-8-2007 adn by accepting the recommendations of the Selection committee and deleting his name while issuing orders in approving the recommendations of the committee vide G.O.Ms. 168 Home ( Prisons-C) Department dated: 14-08-2008 on the occasion of Commemoration of 150 years of First War of Independence as illegal, arbitrary affecting the right to liberty which affect the fundamental rights of the citizen, amounting to wrongful confinement and illegal detention in keeping him in jail beyond 14-8-2008, award and to pass Counsel for the Petitioner:SMTA.GAYATRI REDDY Counsel for the Respondent No.: GP FOR HOME The Court made the following : THE HON’BLE MR JUSTICE A. GOPAL REDDY AND THE HON’BLE MR JUSTICE R. KANTHA RAO WRIT PETITION NO. 28813 OF 2008 ORDER: (Per Hon’ble Sri Justice A. Gopal Reddy) The issue involved in the present writ petition is squarely covered by the judgment of this Court in W.P. Nos. 19766 and 21270 of 2008 dated 16.12.2008 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 15.08.2008 which was amended to 30.04.2008 instead of 15.08.2008 vide G.O.Ms. No. 99, Home (Prisons-C) Department, dated 12.05.2008. 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 14.08.2008 released the prisoners who are below 45 years of age. 2. It has been admitted in the additional counter affidavit filed by the first respondent 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. 3. Admittedly in the present case the alleged detenue, the husband of the writ petitioner viz.., Yalavarthi Anjaneyulu, S/o Guravaiah, C.T. No. 6992 who is confined in the Central prison, Rajahmundry has completed more than half of the sentence including the remission whose name was also forwarded by the Jail Superintendent for consideration of extending the remission for his release by extending the benefits under G.O.Ms. No. 197 Home (Prisons-C) Department, dated 07.08.2007. 4. In view of the above, the writ petition is allowed ordering the release of Yalavarthi Anjaneyulu, S/o Guravaiah, C.T. No. 6992, who is confined in the Central prison, Rajahmundry. ___________________ A. GOPAL REDDY, J ___________________ R. KANTHA RAO, J Date: 27.01.2009 MRKR/CCM ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1) 2 CD copies Form-NIC-OGS/WP{KSRANI}