BALJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This judgment will dispose of Criminal Writ Petitions Nos. 16, 17, 19, 39, 58, 59, 60, 71, 73, 81, 98, 108, 110, 111, 115, 154 and 155-A, all of 1985, in which common questions of fact and law arise for consideration. The facts in one of these Writ Petitions, namely, Criminal Writ Petition No. 16 of 1985 may be noticed. The said petition has been filed by Baljit Singh under Arts. 226/227 of the Constitution of India for issuance of a Writ in the nature of Habeas Corpus, praying for the release of Gobindjit Singh son of Dyal Singh, a convict confined in Central jail, Ludhiana, undergoing life imprisonment. It is stated that the convict was convicted under S. 302, Indian Penal Code, and was sentenced to imprisonment for life by the Sessions Judge, Jullundur, vide his order, dated Feb. 18, 1982. The following break-up of the Sessions undergone by the convict is mentioned: <FRM>JUDGEMENT_1037_CRLJ_1986Html1.htm</FRM> On the basis of the above data, it is averred that the convict had undergone more than 8 years of substantive sentence and more than 14 years sentenced including remission, even if the period spent in detention before conviction is excluded.

(2.) The averment in the petition is that by virtue of S.432 of the Code of Criminal Procedure (S. 401 of the Old Code), the cases of premature release of life convicts are considered by the State Government. The legislative history of this enactment is traced out to a Resolution passed by the Government of India on Sep., 6, 1905, as per which the cases of life convicts were required to be considered for release after the expiry of 14 years sentence including remissions. The Resolution is said to provide that the local Government while deciding the question of granting remissions, is to take into consideration the character of the convict, his conduct in the prison and the probability of his reverting to criminal habits or instigating others to commit crime.

(3.) It is further averred that the Punjab Government had adopted the guidelines contained in the aforesaid Resolution of the Government of India, for deciding the premature release cases of the convicts. In fact, these guidelines have been incorporated in para 516-B of the Punjab Jail Manual. This para is reproduced below for ready reference : Action to be taken on expiry of 14 years. 516-B(a) With the exception of females and of males who were under 20 years of age at the time of commission of offence, the cases of every convicted prisoner sentenced to:- (i) Imprisonment/s for life. (ii) Imprisonment/s for life and term/s of imprisonment. (iii) Cumulative periods of Rigorous imprisonment aggregating of more than 14 years. (iv) a single sentence of more than 20 years:- (a) who has undergone a period of detention in jail amounting together with remission earned to 14 years, shall be submitted through the Inspector General of Prisons, Punjab for the orders of the State Government. Action to be taken on expiry of 10 years. (b) the case of a female prisoner and of a male prisoner under 20 years of age at the time of a commission of offence, who is undergoing - (i) Imprisonment/s for life. (ii) Imprisonment/s for life and a term/s of imprisonment. (iii) Cumulative periods of Rigorous imprisonment aggregating to more than 10 years or (iv) A single sentence of more than 20 years shall be submitted through the Inspector, General of Prisons, Punjab, for the orders of the State Government when the prisoner has undergone a period of detention in jail amounting together with remission earned to 10 years. (v) Notwithstanding anything contained above, Superintendent Jail may, in his discretion, refer at any time, for the orders of the State Government through the Inspector-General of Prisons, Punjab, the case of any prisoner sentenced to imprisonment for life whose sentence might in the superintendent's opinion be suitably commuted into a term of imprisonment. In contention raised in the petition is that according to the provision noticed above, the Government is to take action regarding premature release of the convicts just on the expiry of 14 years sentence including remissions. In the case of prisoners who are below 20 years of age at the time of commission of the offence, this period has been fixed as 10 years instead of 14 years.