DARSHAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS petition under Articles 226/227 of the Constitution of India relates to the grant of premature release to Darshan Singh, detenu who was convicted and sentenced to undergo imprisonment for life vide order of the Sessions Judge, Bhatinda dated 1 -10 -1981.

(2.) IT was pleaded that the detenu has already undergone actual sentence for 10 years 5 months which includes under -trial period and had earned remissions for 7 years, 7 months and 11 days as on 8 -3 -1991, therefore, he was entitled to get his case considered for grant of premature release under Article 161 of the Constitution of India on the basis of latest Government instructions dated 12 -12 -1985. It was further pleaded that the Government has erred in Law in rejecting the petition of the petitioner on 6 -12 -1990 vide annexure R -1 and that the detention of the petitioner was wholly arbitrary and illegal. The State Government in its return has admitted that the detenu was convicted under Section 302/34 IPC and was sentenced to undergo imprisonment for life vide order of the Sessions Judge, Bhatinda, dated 1 -10 -1981. It was further pleaded that on 8 -3 -1991, the petitioner had undergone actual sentence for 10 years 5 months and has earned remission for 7 years 7 months and 11 days. It was further pleaded that the petitioner has committed one jail offence on 1 -7 -1987 when he was found in possession of some intoxicating pills. It was next pleaded that the merely petition of the petitioner was considered on 6 -12 -90 and the same was rejected vide annexure R1, mainly on the ground that the petitioner had committed one jail offence on 1 -7 -87. It is not disputed by either side that the power of elemeny or right to consider the case for grant of premature release of the petitioner rests with the State Government. For that purpose, in view of the provisions of Section 433 -A Cr.P.C. hereinafter referred to as the Code, the State Government is to follow the guidelines given in the instructions issued from time to time in this regard. According to the earlier instructions dated 7 -9 -1979, only those convicts were eligible for premature release who had completed the requisite minimum actual sentence and whose conduct in the jail was satisfactory and whose cases District Level Committee has recommended. Later on, the State Government again issued instructions on 12 -12 -1985 whereby the following guidelines were laid down for ensuring the expeditious review of the cases for premature release of the convicts : - 1. On grounds of serious illness that could prove fatal due to continuous detention in jail. 2. Fixation of responsibility of a particular life convict in gang murder where others are also involved besides the convict who has submitted his mercy petition.

(3.) THE aspect of young/adolescent age, sex, mental deficiency, grave or sudden provocation and absence of motive and premeditation should also be the factors while scrutinising the copies of judgments in mercy petition cases.