MATA PARSHAD Vs. STATE OF PUNJAB AND ORS

JUDGEMENT

(1.) Through the instant petition, the petitioner is seeking his premature release from the jail, on the ground that his detention in jail is in violation of Articles 14, 19 and 21 of the Constitution of India.

(2.) The facts, as culled out from the petition, is being noticed first. Petitioner Mata Parshad is undergoing life imprisonment awarded to him by learned Additional Sessions Judge, Jalandhar vide judgment dated 24.12.1993 in FIR No. 194 dated 18.12.1992, under Section 302 IPC, Police Station Division No.3, Jalandhar. Though, there is mention in the petition that an appeal was filed against the judgment of conviction and sentence, but there is no mention about the fate thereof. He is said to have undergone more than 20 years of actual imprisonment and about 21 years with remissions. 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 was not involved in any jail offence, the State Government erred in declining the relief to him.

(3.) Upon notice, separate reply has been filed by the State of Punjab, wherein the custody and eligibility of the petitioner for consideration of his case for premature release is not disputed. It has also been admitted that the case of the petitioner was recommended for premature release. However, the case of the petitioner was rejected on 08.05.2013 by the competent authority as he had committed a heinous crime of murder of his own wife. It has further been averred that in the light of policy dated 04.04.2013, the case of the petitioner has now to be reconsidered only after lapse of two years of rejection of the earlier request.