HUKAM SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is a petition under Articles 226 and 227 of the Constitution of India. Respondent No. 3, Dr. Abchal Singh, purchased a piece of agricultural land on April 10, 1968 from Sarvshri Lilak Chand and Raj Kumar, owners of the land situate in village Hebowal Kalan, Tehsil and District Ludhiana. "the petitioner Hukam Singh claimed himself to be a tenant in possession of the said land. Dr. Abchal Singh, after having purchased the said land, is alleged to have made attempts to dispossess Hukam Singh petitioner from the land in dispute. On May 19, 1968 at about 5. 30 A. M. , Dr. Abchal Singh fired a gun shot at the petitioner which hit him on his right leg and caused multiple injuries. At the same time he fired another gun shot which hit Bawa Singh, brother of the petitioner, who later on succumbed to the injuries. A case under Sections 302/307/447 of the Indian Penal Code etc. was registered against Dr. Abchal Singh and some others in which the Additional Sessions Judge, Ludhiana, vide his order dated January 6, 1969, convicted Dr. Abchal Singh under Section 302 of the Indian Penal Code and awarded him life imprisonment. He was also convicted under Section 307 of the Indian Penal Code and was sentenced to undergo rigorous imprisonment for seven years and a fine of Rs. 200/-, and also three months rigorous imprisonment was awarded to him under Section 447 of the Indian Penal Code. The other co-accused of Dr. abchal Singh were acquitted by the learned Additional Sessions Judge, Ludhiana. Dr. Abchal Singh preferred an appeal against the said order of conviction which appeal was registered as Criminal Appeal No. 145 of 1969 in this Court. This appeal was dismissed by a Division Bench of this Court on May 14, 1970, upholdng the conviction and sentences awarded to Dr. Abchal Singh. The copy of the judgment of the High Court dated May 14, 1970, is attached as Annexure 'a' with the writ petition. No further appeal was preferred by Dr. Abchal Singh, respondent No. 3, to the Supreme Court and the order of the High Court became final.

(2.) THE State Government exercising its powers under Section 401 of the Code of Criminal Procedure, vide its order dated July 21, 1970, copy of which is attached as Annexure 'c' with the writ petition, remitted the unexpired portion of the sentence of Dr. Abchal Singh and issued a direction for releasing him, if he accepted the conditions mentioned in that order. It is this order of the State Government which is being challenged in this writ petition on a number of grounds, which are mentioned in the petition.

(3.) THIS petition came up for hearing before a Division Bench consisting of P. C. Pandit, J. (as he then was) and myself, when we, after hearing the learned counsel for the parties, thought that a number of questions of law involved in this case are not free from difficulty and the said questions of law are of public importance which will have far reaching consequences. Since there is no direct authority of any Court on the points involved, we thought it proper to refer this case to be heard by a larger Bench. The points of law referred by us to the larger Bench, are is the following terms:-- 1. Is the impugned order justiciable? 2. Has the petitioner locus stand to file this petition? 3. Was the Government bound to disclose the reasons for remitting the un-expired portion of the sentence passed on Dr. Abchal Singh and directing his release in the impugned order? If not, is it obliged to disclose the said reasons in the return filed by it in answer to the writ petition or produce in Court the relevant file of the case, in which the said reasons might have been incorporated?