(Deepak Gupta and Aniruddha Bose, JJ.)
Home Secretary (Prison) and Others _________________ Petitioner(s);
v.
H. Nilofer Nisha ___________________________________ Respondent.
Special Leave Petition (Criminal) Diary No(s). 18046/2019, decided on October 17, 2019
(For I.R. and IA No. 120949/2019-Condonation of Delay in Filing and IA No. 120951/2019-Condonation of Delay in Refiling) With Diary No(s). 18016/2019 (II-C) (IA No. 119358/2019-Condonation of Delay in Filing and IA No. 119362/2019-Condonation of Delay in Refiling) SLP (Crl) No. 7697/2019 (II-C) (For I.R. and IA No. 83865/2019-Condonation of Delay in Filing) SLP(Crl) No. 6159/2019 (II-C) (For I.R. and IA No. 91498/2019-Condonation of Delay in Filing)
The Order of the court was delivered by
Order
1. In these cases, the two issues arise. The first issue is whether a person who is behind bars because of sentence imposed to him by a criminal court can approach the writ court praying for a writ of habeas corpus that he be released in terms of some Government orders/Rules providing for pre-mature release. The issue is whether a writ of habeas corpus in such circumstances would lie or not.
2. The second issue is whether any State without the consent of the President of India can form a scheme which is in variation or violative of the provision of Section 433A of the Code of Criminal Procedure and provide for release of prisoners who have been directed to undergo life imprisonment in cases where the offence is also punishable by death prior to their serving 14 years of incarceration.
3. List the matters on 25.11.2019.
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