Full Judgment Text
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PETITIONER:
C. ELUMALAI
Vs.
RESPONDENT:
STATE OF TAMIL NADU
DATE OF JUDGMENT26/10/1984
BENCH:
VENKATARAMIAH, E.S. (J)
BENCH:
VENKATARAMIAH, E.S. (J)
MISRA, R.B. (J)
CITATION:
1985 AIR 118 1985 SCR (1)1057
1984 SCC (4) 539 1984 SCALE (2)645
ACT:
The Tamil Nadu Borstal Schools Act 1925 Section 10-A-
Adolescent offender-Convicted of capital offence Sentenced
to life imprisonment-Detention in Borstal School after
attaining 23 years of age-Whether valid.
HEADNOTE:
The State Government of Tamil Nadu cannot keep any
adolescent offender who is convicted of a capital offence
but sentenced to imprisonment of life in respect of whom an
order is made under section 10-A of the Tamil Nadu Borstal
Schools Act in a Borstal School or in any other kind of
detention after he has attained 23 years of age The State
Government is therefore directed to release forthwith all
such inmates of the Borstal Schools in Tamil Nadu who have
attained 23 years of age. [1058E-F]
State of Andhra Pradesh v. Vallabhapuram Ravi [1984] 2
SCALE 386, followed.
In re. Ganapati, 1983 Criminal Law Journal 509, over-
ruled.
^
JUDGMENT:
ORIGINAL JURISDICTION: Writ Petition (Criminal) No. 981
of 1984.
(Under article 32 of the Constitution)
Navin Malhotra and Harjinder Singh for the Petitioners.
K. Parasaram, Attorney General and A. V. Rangam for the
Respondent.
The Judgment of the Court was delivered by G
VENKATARAMIAH, J. We have heard Shri Navin Malhotra,
amicus curiae and the learned Attorney-General for the State
of Tamil Nadu. In State of Andhra Pradesh v. Vallabhapuram
Ravi
1058
(Criminal Appeal No. 254 of 1984) in which judgment was
delivered on September 14, 1984 this Court has held that
adolescent offenders kept in a Borstal School by virtue of
orders made by the State Government under section 10-A of
the Andhra Borstal Schools Act, 1925 cannot be detained in
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the Borstal School or in any other place after they have
attained 23 years of age and that they should be released.
The provisions of the Tamil Nadu Borstal Schools Act, 1925
are identical with the provisions of the Andhra Borstal
Schools Act, 1925. In the judgment referred to above the
decision of the Madras High Court in In re. Ganapati which
had taken the view that after section 433A of the Code of
Criminal Procedure, 1973 came into force a person who was
convicted of an offence punish able under section 302 of
Indian Penal Code but sentenced to imprisonment for life and
who was by virtue of an order passed under section 10-A of
the Tamil Nadu Borstal Schools Act, 1925 detained in a
Borstal School could not be released before he completed 14
years of detention has also been overruled. In the
circumstances it has to be held that the State Government of
Tamil Nadu cannot keep any adolescent offender who is
convicted of a capital offence but sentenced to imprisonment
of life in respect of whom an order is made under section
10-A of the Tamil Nadu Borstal Schools Act in a Borstal
School or in any other kind of detention after he has
attained 23 years of age. We, therefore, direct the
Government of the State of Tamil Nadu to release all such
inmates of the Borstal Schools in Tamil Nadu who have
attained 23 years of age forthwith.
If the petitioner C. Elumalai satisfies the above
condition he is also entitled to be released and if he is
not in detention he shall not be taken back into custody.
The writ petition is accordingly allowed.
N.V.K. Petition allowed.
1059