RAM KISHAN Vs. STATE OF PUNJAB

JUDGEMENT

(1.) In this Letters Patent Appeal, correctness of the view of learned Single Judge, interpreting the scope of notifications dated 21.4.1982 and 7.11.1985 (Annexures P-2 and P-3, respectively) has been challenged. These notifications relate to the grant of special remissions to the prisoners. Under notification dated 21.4.1982 (Annexure P-2), the Governor of Punjab, granted special remission on the occasion of Punjab Prisoners Sports Meet, to the prisoners who happened to be confined in any jail on 28.3.1982 and who have been convicted by the Court of criminal jurisdiction in the State of Punjab as under:-

(2.) Similar kind of special remission was granted vide notification dated 7.11.1985 (Annexure P-3) to commemorate the Punjab Accord, to the prisoners, who happened to be confined in any jail on 4.11.1985 and who have been convicted by the Court of criminal jurisdiction in the State of Punjab to the extent mentioned therein and the prisoners undergoing sentence of not more than 2 years imprisonment were granted 4 months of remission. This was subject to the same condition that the prisoners convicted before 4.11.1985 but subsequently released on bail shall also be entitled to the remission only, if they surrender in the jail for undergoing un-expired portion of their sentence.

(3.) The facts of the case may be briefly stated: