RAM SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE respondent has failed to file return despite affording adequate opportunity. Under these circumstances, there is no option but to dispose of this writ petition by taking the facts averred therein on their face value. In the writ petition, Ram Singh petitioner has averred that his son Harvinder Pal Singh, prisoner, was sentenced to undergo imprisonment for life under orders dated 22-9-1980 of the learned Sessions Judge, Ludhiana, and that the latter had undergone actual imprisonment of 10 years 3 months including the period of detention and that he has undergone more than 17 years imprisonment including remissions. It is also averred that the conduct of the prisoner remained good throughout in the jail except when some punishment was awarded to the prisoner on 19-5-1982 and that the same should not be taken into consideration as it was awarded mere than five years earlier. The petitioner further states that the mercy petition received in the office of the Joint Secretary on 0.4.1990 under Article 161 of the Constitution of India for premature release has not been disposed of so far by the State Government as per instructions dated 12.12.1985.

(2.) IN view of the judgment of this Court in Gurmit Singh v. State of Punjab, 1988(2) Recent Criminal Reports 490 : 1988(2) All India Criminal Law Reporter 987, the jail punishment awarded to the prisoner shall have no binding effect after the expiry of five years. Thus, the jail punishment awarded to the prisoner Harvinder Pal Singh for misconduct under the Prisons Act, 1894, on 19.5.1982 has become irrelevant due to passage of more than 8 years time and shall not be considered as an impediment in disposing of the mercy petition for premature release of the prisoner. In view of the above mentioned circumstances averred in the petition, the State Government was expected\ to dispose of the mercy petition of the prisoner within a reasonable time and in any case not more than three months from the date of its receipt as observed by the apex Court in Sher Singh v. State of Punjab, 1983(1) RCR(Crl.) 274 (SC) : 1983(2) SCC 344.