GURMEJ SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) HEARD , Gurmej Singh petitioner is undergoing imprisonment for life in a case of murder under order dated 9-8-1980 of the Additional Sessions Judge, Amritsar. He was arrested in that case on 27-4-1980. It is not disputed that the petitioner had undergone actual sentence for more than 9 years 8 months and 15 days upto 19-1-1990 including the period of detention during trial and that he had earned remission for 7 years 7 months and 8 days, and that his conduct in the Jail has been satisfactory. The mercy petition filed by the petitioner was rejected by the State Government vide order dated 28-8-1989, Annexure PA. The petitioner then filed Criminal Writ Petition No. 2993 of 1989 which was accepted by S. D. Bajaj, J. on 6-12-1989 vide order Annexure P-5 and a direction was issued to the State Government to reconsider the mercy petition in the light of the judgment of this Court in Criminal Writ petition No. 220 of 1988, decided on 16.1.1989 (Karnail Singh v. State of Punjab and another). The petitioner was directed to be released vide that order.

(2.) THE State Government again considered the mercy petition as per the directions of this Court and dismissed it vide order dated 3.8.1990, Annexure R-1. The petitioner in this Criminal Writ Petition challenges that order on the ground of arbitrariness.

(3.) A bare glance through the above referred observations of the concerned authority reveals that it has used the previous background between the rival parties culminating in the murder of Gurnam Singh as the sole ground in concluding that the enmity between the parties was of acute nature and no case for premature release is made out although the petitioner has undergone more than 9 years of actual sentence. It is not disputed that Balwinder Singh, coaccused of the petitioner had been released on mercy petition under Article 161 of the Constitution of India while Gurdev Singh, another co-accused of the petitioner had been released under instructions dated 21.8.1988 of the State Government. Although Balwinder Singh, co-accused of the petitioner had also similar motive for joining him in committing murder of the aforesaid Gurnam Singh, yet the State Government had used the same motive against the petitioner in rejecting the mercy petition which has resulted in arbitrariness especially when there is no indication from order Annexure R-I that the local authorities had opposed the premature release of the petitioner on the ground of endangering the maintenance of public order.