RANBIR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE Division Bench has settled the law point referred to it which arose in this writ and a number of other writ petitions.

(2.) THE Division Bench has held that Section 433 -A of the Code of Criminal Procedure has a sway over para 516 -B of the Punjab Jail Manual or similar other executive instructions regarding the early release of the life convicts. These convicts are a class apart and cannot invoke the aid of the instructions issued by the Central or State Government prior to December 18, 1978, which are incompatible with Section 433 - A of the Code.

(3.) AFTER the enforcement 61 Section 433 - A, the Haryana Government have issued instructions, dated February 27, 1984 vide letter No. 43/19/83 - JJ (2) (Annexure PA.). an these instructions the Haryana Government have directed that cases of life convicts of the following two categories be put up, to the State Level Committee for review of their pre -mature release and final decision of the State Government thereon. The categories are : 1. Adult Male life convicts : After completion of 8 -1/2 years of substantive sentece and 14 years sentence including remission. 2. Female and Juvenile life convicts who were below the age of 20 years at the time of commision of the offence After completion of 6 years substantive sentence and 10 years including remission. It is clarified in these instructions that the pre -mature release case of the life convicts whose death sentence had been communted to that of life imprisonment would fall in the following two categories : - (i) The adult male life convicts whose death sentence has been commuted to life imprisonment. After completion of 14 years substantive sentence. (ii) The female and juvenile convicts who were below the age of 20 years at the time of commission of offence and whose death sentence has been commuted to life imprisonment. After competion of 10 years of substantive sentence.