STATE OF HARYANA Vs. RAJ KUMAR

JUDGEMENT

(1.) The State and the writ petitioner before the High Court,[1] are aggrieved by an order passed by the learned Single Bench of the High Court of Punjab and Haryana at Chandigarh on 12.5.2020 whereby the policies of the State Government to grant remission to the prisoners were decided, inter alia, directing the State to consider the feasibility of drafting a fresh policy particularly in respect of exercise of powers conferred under Article 161 of the Constitution. It was also held that the State may also consider the feasibility of having a policy with retrospective operation, provided the same does not lead to discrimination amongst substantial number of identically situated prisoners. The Court further observed that till such time a decision is taken, the appropriate Government can exercise its powers under Sections 432 and 433 of the Code of Criminal Procedure, 1973[2] in terms of policy dated 13.8.2008, but while strictly adhering to the restrictions imposed under Section 433-A of the Code.

(2.) The learned Single Bench has referred to certain policies circulated by the State Government. First policy referred to was circulated on 23.4.1987 wherein the convicts on whom punishment of life imprisonment is imposed on conviction of an offence for which death is one of the punishments provided by law, or where the sentence of death imposed on a person had been commuted under Section 433 of the Code on or after 18.12.78, would be considered by the State Government for premature release after they have undergone 14 years of substantive sentence. Thereafter, policies dated 28.9.1988, 19.11.1991, 8.8.2000 and 12.4.2002 were issued contemplating that case of premature release would be considered on individual basis after review by the State Level Committee falling within the purview of Section 433 of the Code and cases thereafter shall be put up to the Hon'ble Governor. However, the policy dated 13.8.2008 did not contemplate that the individual cases will have to be placed before the Hon'ble Governor.

(3.) The relevant provisions of the Constitution and the Code read as thus: