Court No. - 29
Case :- WRIT - C No. - 38331 of 2019 Petitioner :- Gayoob Respondent :- Union Of India And 2 Others Counsel for Petitioner :- Jagdish Prasad Mishra Counsel for Respondent :- A.S.G.I.,Archana Singh,C.S.C.
Hon'ble Pankaj Mithal,J.
Hon'ble Dr. Yogendra Kumar Srivastava,J.
Heard Sri Jagdish Prasad Mishra, learned counsel for the petitioner, Ms. Archana Singh, learned counsel for the Union of India and the learned Standing Counsel, appearing for the State- respondents.
The petitioner has preferred this writ petition for a direction to correct his date of birth in the jail records. It is admitted that the petitioner is a convict in case crime no.433 of 2002 and is undergoing imprisonment.
According to the records of the jail he is aged about 64 years.
The petitioner has now produced a birth certificate issued on 19.10.2019 purported to have been issued by the Panchayati Raj Vibhag, Khatauli, Muzaffar Nagar certifying that the date of birth of the petitioner is 01.01.1950. According to the said date of birth the age of the petitioner would be around 70 years.
The aforesaid birth certificate on which the petitioner is relying does not inspire confidence. The age of the petitioner in the jail records must have been entered on the basis of the records of the criminal case in which he was convicted.
In view of the above, we find no reason to direct for issuance of correction in the jail record. The said correction being sought by the petitioner appears to be with the motive to get benefit of release which is admissible on completion of the age of 70 years.
In view of the above we decline to exercise our discretionary jurisdiction in the matter.
The writ petition is accordingly dismissed.
Order Date :- 28.11.2019 Shahroz