HARJIT SINGH Vs. STATE OF PUNJAB AND ORS.

JUDGEMENT

(1.) The Writ Petition is filed by the convict Harjit Singh @ Hare Ram praying for issuance of an appropriate direction to the respondents to release the petitioner forthwith prematurely on usual terms and conditions as per the government instructions issued on 23.10.2001. Alternatively, a direction has been sought to the respondents to consider the case of the petitioner for grant of premature release in terms of the above government policy.

(2.) The Writ Petitioner sought for consideration of premature release at the earliest point of time through legal notice dated 18.6.2014 issued through his lawyer Sh. Suram Singh Rana. A reply has been received from the Superintendent Open Air Jail, Nabha to the effect that the case for premature release of the convict has already been submitted to the District Magistrate, Sangrur vide his office letter no. 1381 dated 7.8.2013 and the District Magistrate has forwarded his case for premature release to the Principal Secretary, Government of Punjab, Home Affairs and Justice Department with due recommendation. The Superintendent, Open Air Jail, Nabha has also submitted in the reply dated 17.7.2014 that the premature release of the Writ Petitioner is under consideration of the Government of Punjab. Further, it has been brought to the notice of the Writ Petitioner through the aforesaid reply that the office of the Governor of Punjab has given an instruction that the cases for premature release shall not be put up before the Governor of Punjab, if a Criminal Appeal preferred by the convict, who sought for premature release is pending disposal.

(3.) It was also brought to our notice that in the proceedings issued by the Principal Secretary to Governor of Punjab to the Principal Secretary to Government of Punjab, Department of Home Affairs and Justice, Chandigarh, it has been observed that in the light of the decision arrived at by the Hon'ble Supreme Court in Narayan Dutt, Manjit Singh and Prem Kumar in SLP (Civil) No. 11544 of 2008 and SLP (Civil) No. 5910 of 2011, the Governor of Punjab has instructed not to put up the cases of premature release where the convict has chosen to prefer an appeal and the same is pending disposal before the Court.