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Bhagwat Saran And Others v. State Of Uttar Pradesh And Others
Factual and Procedural Background
This order concerns petitioners who were prisoners and whose release had been recommended by a Committee. The Government did not accept those recommendations. The court heard counsel for both sides and considered an affidavit filed by the respondents (including the State’s counter-affidavit).
Legal Issues Presented
- Whether the Government ought to have accepted the Committee’s recommendations to release the petitioners.
- Whether the State’s stated ground of “law and order situation,” without supporting reasons, could justify refusal of release.
Arguments of the Parties
The opinion does not contain a detailed account of the parties' legal arguments.
Table of Precedents Cited
No precedents were cited in the provided opinion.
Court's Reasoning and Analysis
The court noted that the Committee had recommended release after considering the prisoners’ behaviour in jail and other factors. It found that the only justification offered by the State in its counter-affidavit was a general assertion that, despite sympathetic consideration and keeping in view the law and order situation, the prisoners could not be released. The court held that such a bald statement, without indicating how release would adversely affect law and order, was unacceptable. It further found that there were no reasons shown for not accepting the Committee’s recommendations, and therefore concluded that the recommendations should have been accepted.
Holding and Implications
Rule nisi was issued, and the court directed that the petitioners be released forthwith.
The direct effect is the immediate release of the petitioners. The order turns on the insufficiency of the State’s unreasoned “law and order” justification as recorded in the counter-affidavit; no broader implications or new precedent are stated in the opinion.
Order
1. Rule nisi.
2. After hearing counsel on either side and considering the affidavit of the respondents filed herein we are satisfied that it is a case where the Committee's recommendations should have been accepted by the Government. The Committee had recommended the release of these prisoners after taking into consideration the behaviour inside the jail as well as other factors. The only ground given by the State in the counter-affidavit is that “after considering their cases sympathetically, keeping in view the law and order situation they cannot be released”. A bald statement like that without any attempt to indicate how law and order is likely to be adversely affected by their release cannot be accepted. In fact there are no reasons why recommendations could not be accepted. We direct that the petitioners be released forthwith.
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