DARSHAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE mercy petition of Balkar Singh prisoner for premature release under Article 161 of the Constitution of India was dismissed by the State Govt. vide its order dated 3.9.1989 Annexure P-5 on the ground that the land dispute which led to the commission of the murder is still subsisting between the parties and there is strong apprehension of breach of peace again, if the detenu is released prematurely. The commission of the murder after premeditation also weighed with the concerned authorities.

(2.) THE petitioner has invoked the jurisdiction of this Court under Articles 226 and 227 of the Constitution of India contending that the mercy petition was rejected by the State Govt. on extraneous considerations than the one embodied in the instructions of the State Govt. issued from time to time in this regard. It is also maintained that the detenu has undergone more than 8-1/2 years of actual imprisonment besides having undergone more than 14 years including remissions.

(3.) I have heard the learned counsel for the parties.