Gujarat Court April 1982 Judgments

Laxmiben Bhupatbhai Vs. State and ors.

Court: Gujarat

Reported in: (1983)1GLR570

M.P. Thakkar, C.J.1. Concern for the liberty of citizens has been voice at prestigious seminars and in course of erudite articles and yet it has seldom been realised that in the absence of a vigilent supervision exercised by the Judiciary in regard to the matters pertaining to prisoner undergoing sentences of imprisonment in the various prisons, focus will remain on the liberty of only those who are facing preventive detention for anti-social activities. This distressing aspect has come to the surface by reason of the fact that this High Court has been entertaining applications made by prisoners from jail as Special Criminal Applications with liberty - dimensions and scrutinising the matters closely and in depth.2. In view of the atmosphere created on account of this supervision, a vigilent wife of a prisoner who was undergoing jail sentence, addressed a letter to the Chief Justice complaining that her husband was being kept in prison though the term of his sentence had expired and he ...