SABAR SHAH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) DETENU petitioner Sabar Shah is undergoing life imprisonment inside Central Jail, Patiala, in terms of conviction and sentence order dated 3rd June, 1981 passed by learned Sessions Judge, Patiala, against him. On his behalf learned counsel for the petitioner Shri D.D. Sharma, made representation Annexure P. 1 to the State Government of Punjab on 28th April, 1989 for his premature release on the grounds that the petitioner was of advanced age of 70 years, had good conduct inside the jail and had conducted himself well and remained peaceful while on parole in his native village and was, therefore, entitled to get himself released prematurely in terms of Government instructions dated 12th December, 1985 after undergoing 8-1/2 years of actual imprisonment in jail without remissions, it was asserted on point of fact that the petitioner had already undergone 15 years 5 months and 18 days with remissions and 8 years 11 months and 28 days without remissions and was, therefore, entitled to ask for and obtain his premature release. The request was turned down by State Government vide order Annexure P. 2 dated 23rd October, 1989 on the ground that members of the complainant party in the village were afraid of him and had stated before the learned District Magistrate, Patiala, that the detenu-petitioner's return to the village on premature release posed potential threat of the likelihood of an occurrence of breach of peace.

(2.) IT has been held by this Court as also the Apex Court of the country times out of number that the likelihood of an occurrence of breach of peace is no ground to withhold the concession of premature release from the petitioner; more so when he is entitled to it in terms of State Government instructions dated 12th December, 1985 and the village elders have unanimously declared him eligible for it and have assured the District Magistrate, Patiala, that there is no likelihood of occurrence of breach of peace on this score.