MAJOR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) MAJOR Singh petitioner was convicted under section 302, Indian Penal Code and was sentenced to death by Sessions Judge, Bhatinda, vide order dated November 30, 1971. The death sentence awarded to the petitioner was committed to life imprisonment on his mercy petition by the Governor of Punjab. The petitioner had undergone actual sentence of 9 years 11 months and 16 days as on May 5, 1983, and had earned 8 years 5 months 21 days as remission by that date. The premature release case of the petitioner was considered by the State Government and vide Memo. No 12/728/81-4J/19417, dated November 25, 1981, opined that this premature release is not yet advisable and that his case for such release may be submitted to the Government for reconsideration after he had completed the prescribed period (14 years actual imprisonment and 20 years including remission) of his sentence. The petitioners has assailed the decision of the State Government contained in memo, dated November 25, 1981, in the present writ and has prayed that a direction be issued for consideration of his premature release by the authorities.

(2.) THE relevant part of paragraph 516-B of the Punjab Jail Manual reads :

(3.) THE relevant part of the instructions dated January 30, 1976, which relate to the premature release of life convicts under section 432, Criminal Procedure Code, read with paragraph 516-B of the Punjab Jail Manual reads :