NISHAN SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is a petition under Articles 226/227 of the Constitution of India against order dated 26.7.1994 (copy of which was filed by the petitioner subsequently as Annexure P-2). The petitioner was held guilty by the Additional Sessions Judge, Kurukshetra on 17.5.1980 for an offence punishable, under Section 302 of the Indian Penal Code read with sections 148 and 149 of the Indian Penal Code, besides under section 27 of the Arms Act. The petitioner was sentenced to undergo rigorous imprisonment for life with regard to an occurrence which had taken place on 15.3.1979. The petitioner was convicted and sentenced alongwith his co-accused Lashkar Singh, Kulwant Singh, Rattan Singh and others.

(2.) LEARNED counsel for the petitioner has argued that in the cases of co- accused vide judgment dated 13.12.1994 passed by Hon'ble Mr. Justice V.K. Jhanji and vide judgment dated 30.5.1995 passed by Hon'ble Mr. Justice V.S. Aggarwal the respondents were directed to consider their cases for pre-mature release. The State Level Committee vide its order dated 18.12.1994 has rejected the case of the petitioner for grant of pre-mature release in spite of the fact that the petitioner has already undergone more than 14 years of actual imprisonment. The submission of the learned counsel for the petitioner is that the case of the petitioner is covered under the instructions issued by the respondent-State and even if the crime committed by the petitioner is treated as heinous one, he is still entitled to be released pre-maturely because his conduct in the jail has been good.

(3.) THE impugned order is not reasoned one inasmuch as it does not give any reason for rejection except the ground that six persons had committed pre- planned brutal murder and therefore, the case of the petitioner cannot be considered and should be put up for consideration only after two years of the date of the order i.e. 17.8.1994. This order was passed by the respondents on 26.7.1994.