JOGINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner was arrested on 4-10.1985. He was convicted & sentenced to life imprisonment by learned Sessions Judge, Patiala, on 7-10-1986. He has been undergoing imprisonment since the date of his arrest. On 21-8-1986 the Panjab Government issued instructions Annexure P-2 for the release of old and infirm convicts. Para 2(ii) of the said instructions lay down that all infirm prisoners who were incapacitated by illness were to be released provided their release is supported by the recommendations of a committee of three doctors of the district concerned. The above instructions were supplemented by clarificatory circular Annexure P-3 dated 27-4-1988 to the effect that the benefit of pre-mature release of old and infirm convicts will be extended to all prisoners irrespective of the fact whether they were convicted before the date of those instructions, namely, 21-8-1986 or on a later date. This was done in the light of a judgment rendered by this Court. It was under these instructions Annexure P-2 and Annexure P-3 that petition Annexure P-4 dated 15-4-89 was made by the petitioner for considering his case for premature release. The Government failed to take any action on the said petition. The petitioner, therefore. filed Criminal Writ Petition No. 1095 of 1989. By order Annexure P-5 dated 27-11-1989 this Court ordered that in terms of instructions Annexure P-2 and Annexure P-3, the Government should dispose of the petition Annexure P-4 made by the prisoner within a period of three months. Ultimately, the Government rejected the petition Annexure P-4 by order Annexure P-6 dated 7-4-1990. It is this order Annexure P-6 rejecting the prayer for premature release which is assailed in the present writ petition.

(2.) A perusal of the impugned order shows that the Medical Board comprising of three doctors gave the following certificate regarding the petitioner :-

(3.) I have given my anxious consideration to the respective submissions of the learned counsel.