SUKHWANT KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Are the instructions issued by the State Government regarding the premature release of the prisoners sentenced to imprisonment for life violative of Section 433-A of the Code of Criminal Procedure? This is the short question that arises for consideration in these two petitions under Article 226 of the Constitution of India which have been referred by the learned single Judge to a larger Bench. The order of reference has been passed in Criminal Writ Petition No. 641 of 1996. The facts as appearing from the record of this case may be briefly noticed.

(2.) The petitioner is a widow. She was married to Harbhajan Singh on December 12, 1984. Her husband was murdered by Ajaib Singh, the second respondent, on May 18, 1986. The said respondent was tried and convicted. Vide judgment dated November 20, 1987, he was sentenced to undergo imprisonment for life and to pay a fine of Rs. 2000/-. The appeal was dismissed by the High Court vide its judgment dated March 1, 1990. The Special Leave Petition was dismissed vide order dated August 6, 1990.

(3.) The petitioner asserts that a sentence of imprisonment for life should be treated as "imprisonment for the whole of the remaining period of the convict prisoner's natural life". However, the State Government has been periodically considering the question of the grant of remission and premature release of the prisoners. The instructions as initially issued were embodied in paragraph 516-B of the Punjab Jail Manual. The provision laid down the "guidelines and procedure for premature release of convicts". Subsequently, the State Government has issued instructions through different letters. These permit premature release. Reference shall be made at the appropriate stage. The petitioner maintains that the instructions violate the mandate of law.