1982 INSC 0234
                                                  Saran and Others

                                                           Vs

                                        State of Uttar Pradesh and Others

                              Writ Petitions (Criminal) Nos. 1145-1149 of 1982

                                      V. D. Tulzapurkar, Baharul Islam JJ)

                                                      06.12.1982

                                                        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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