RAJINDER KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) This petition is filed under Articles 226/227 of Constitution of India besides u/s 482 of the Code of Criminal Procedure for issuance of appropriate writ that the petitioner is entitled to the special remission.

(2.) The relevant facts are that petitioner is undergoing imprisonment for 7 years having been held guilty of the offence punishable under Section 304-B Indian Penal Code. He claims that special remissions have been granted to many other prisoners including those who have committed offences punishable under Section 302 Indian Penal Code and he cannot be discriminated.

(3.) Notice of the petition has been issued to the State of Haryana. In the reply filed preliminary objection has been taken that special remission has been granted as per orders issued by Government of Haryana dated 29.4.1993 to the convicts undergoing sentences. In cases and offences pertaining to moral turpitude and against social order of the Society have been made not eligible for the reward of remission. As per the Instructions of the Government, certain category of prisoners are kept out of the special remission system including those punished with respect to offences punishable under Section 304-B, Indian Penal Code.