//
1057
C. ELUMALAI
v.
STATE OE TAMIL NADU
October 26, 1984
(E.S. VENKATARAMIAH AND R.B. MISRA, JJ.]
The Tami, Nadu Borstal Schools Act 1925 Section JO-A-Adolescent
offender-Convicted of capital offence-Sentenced to life imprisonment-Detention
in Borstal School after attaining 23 years of age-Whether valid.
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. [!058E-F]
State of Andhra Pradesh v. Val/abhapuram R~vi [1984] 2 SCALE 386,
A
B
c
D
followed.
E
In re. Ganapati, 1983 Criminal Law Journal 509, over~ruled.
ORIGINAL JURISOICTION : Writ Petition (Criminal) No.981 of 1984.
(Under article 32 of the Constitution)
Na~in Malhotra and Harjinder Singh for the Petitioners.
K. Parasaran, Attorney General and A. V. Rangam for the
Respondent.
The Judgment of the Court was delivered by
VENKATARAMIAH, J. We have heard Shri Navin Malhotra,
amlcus curiae and the learned Attorney-General for the State of
Tamil Nadu. In State of Andhra Pradesh v. Va//abhapuram Ravi(1>
(I) [1984] 2 SCALE 38~.
F
G
H
A
B
c
D
E
toss
SUPRBMB COURT REPOllTS
(1985] 1 s.c.ll.
(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 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 r'l 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 com-
pleted 14 years of detention bas also been overruled. In the circum-
stances 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 IO-A of the Tamil Nadu Borstal
Schools Act in a Borstal School or in any other kind of detention
after be bas 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 be is not in detention be shall
not be taken back into custody. The writ petition is accordingly
F
allowed.
N.V.K.
Petition allowed.
(I) 1983 Criminal Law Journal 509.
Lex