HARBHAJAN SINGH Vs. STATE OF PUNJAB AND ANR.

JUDGEMENT

(1.) The mercy petition filed by the detenu was considered and rejected by the State Government vide its order, dated 17th October, 1989 by taking into consideration the circumstances which resulted in the commission of the murder of Ajit Singh. It was further held that the detenu is not entitled to remission of sentence in the mercy petition on compassionate grounds also as he has three grown up children to look after his domestic affairs.

(2.) Through this writ petition under Article 226/227 of the Constitution of India, the detenu has sought his premature release on the ground as per the instructions issued by the State Government from time to time, the circumstances in which the crime was committed or other compassionate grounds are of no consequence if the petitioner had undergone more than, 8-1/2 years of actual sentence and 14 years in all including remission.

(3.) In the return filed by respondent, it is not denied that the petitioner had undergone more Than 8-1/2 years of actual sentence besides more than 14 years including remissions.