RISHI KESH RAI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE instant writ petition has been filed by the petitioner seeking directions to the respondents to release him prematurely in the light of Government instructions dated 08.07.1991.

(2.) THE facts, as culled out from the petition, are being noticed first. Petitioner Rishi Kesh Rai was convicted in FIR No. 69 dated 01.04.1997, under Sections 302 IPC and Section 27 of the Arms Act, Police Station Kotwali, Ludhiana and sentenced to undergo life imprisonment for life by the trial Court vide judgment dated 19.01.1999. The appeal preferred against the said judgment is stated to have been dismissed by this Court. It is claimed that he has undergone about 15 years of actual sentence and more than 23 years with remissions, he sought his premature release, as per the Government instructions dated 08.07.1991. The grouse of the petitioner is that despite his undergoing the requisite period, coupled with the facts that his conduct in jail had remained satisfactory throughout and he was not involved in any jail offence and that his case for premature release was duly recommended by the authorities, the State Government erred in declining the relief by relying upon the subsequent instructions dated 08.08.2011 and 04.04.2013.

(3.) IT has been averred that premature release case of petitioner Rishi Kesh Rai was initiated way back on 08.11.2006, but it could not be finalized pending certain modalities as report from the authorities concerned was not received. However, on 08.08.2011 the State of Punjab issued new instructions, superseding the earlier one, regarding premature release cases, under which the case of the petitioner was again taken up and his case was recommended for his premature release. But, as he was required to undergo 18 years of actual sentence and 20 years with remissions, under the new policy of 2011 and he had undergone about 14 years of actual sentence, his case was rejected on 25.04.2012. Further, new policy dated 04.04.2013 has been introduced by the Government under which no case for consideration of premature release could be considered prior to two years of rejection of earlier request.