B. Yadagiri vs State Of A.P.

We are troubled by the fact that the Supreme Court Legal Services Committee is assisting the petitioner who has been convicted under Section 302 I.P.C., the matter was lying under objection for a period of 2537 days. This negates the very concept of providing assistance as naturally if the petitioner is in custody, steps have to be taken to obtain the necessary material to facilitate filing of the petition.

We do believe that this is a fit case where the Secretary of the Supreme Court Legal Services Committee should look into the matter and try to fix the responsibility and find out why we are faced with such a situation.

However, since the matter pertains to life sentence of accused, we are inclined to entertain this application and recall the order dismissing the special leave petition for non-prosecution on account of the fact the matter remained under objection for such a long time. Delay condoned in filing restoration application. Application for restoration is allowed, abatement is set aside and the special leave petition is restored to its original number.

Delay condoned.

Heard learned counsel for the petitioner on merits. We are not inclined to interfere with the impugned order.

We however find that the petitioner would have been in incarceration for a period of over fifteen years and thus his case has to be considered for remission in accordance with the Rules by the State Government within the period of two months from the date of order being bought to their notice.

The State Legal Services Authority to ensure that a copy of the order is sent to the competent authority promptly.

The special leave petition is accordingly dismissed in view of the aforesaid.

Pending application shall also stand disposed of.