SAGGAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Saggar Singh petitioner who is a life convict under the orders of Additional Sessions Judge, Ludhiana dated April 7, 1986 has come to this Court in this Criminal Miscellaneous Petition under section 482 of the Code of Criminal Procedure read with Articles. 226/227 of the Constitution of India for his premature release.

(2.) THE case of the petitioner is that at the time of conviction be was found to be 18,19 years of age and as such he was definitely below twenty years of age at the time of commission of the offence. As per instructions issued by the Government he was required to undergo only five years' actual sentence. But he had 'undergone more than five years' actual sentence and had also earned remission of about 4 years. He had not been found guilty of any jail offence. The State of Punjab exercising power under Article 161 of the Constitution issued 'various guidelines for consideration of premature release cases which are Annexure P-1, P-2 and P-3. Keeping in view the said guidelines he moved a petition for grant of premature release on July 3, 1990. This petition was received by the State Government but his case was not considered for a sufficiently long time. He then moved criminal miscellaneous petition No. 11720-M of 1990 which was put up for final hearing on October 8, 1990. This petition was decided on that date and directions were issued to the State Government to dispose of the mercy petition of Saggar Singh petitioner within four months. The premature release case of the petitioner was then considered and rejected by the State Government, on March 15, 1991 vide order. copy of which was Annexure P-3 The petitioner alleged that this order was wholly arbitrary and he was deprived of his liberty without following the procedure established by law. He had completed more than 5 years' actual sentence and more than ten years' sentence including remissions. There was no complaint against his antecedents/conduct during the period of parole and he was not punished for any jail offence.

(3.) INSTRUCTIONS contained in Annexure P-3 issued by the Government lay down the _guidelines for premature release of convicts and clause 6 of the same runs as follows :