CHANAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) By means of this order, Criminal Writ Petition Nos. 129, 181, 182 and 189 of 1986 shall stand disposed of.

(2.) EACH petitioner in the case is a life convict having undergone specified period of actual sentence and sentence inclusive of remissions. The case of each petitioner for premature release under paragraph 516(b) of the Punjab Jail Manual came up for consideration before the State Government. On the basis of the reports of the District Level Committee, the Superintendent of Police and other well known channels, the State Government in the case of each petitioner came to the view that the convict's release would be hazardous to peace and tranquillity in the locality. The view of the State Government has been challenged on the ground that the expression is extremely vague and bereft of any particulars. It is contended that reasons should ex facie be available on the rejection order so that this can stand test of judicial review.

(3.) I am unimpressed with the argument. It is the prerogative of the State Government of release the petitioner by commuting life sentence to a lesser period. Of course, in that regard, the Government has to act not only within the domain of law but fairly and reasonably. It is a notorious fact that the State of Punjab is undergoing a turbulent time so far as peace and tranquillity is concerned. If the Government of the day considers that the release of the present four petitioners would be hazardous to peace and tranquillity to the locality to which they belong and where they are likely to go, then this Court shall be extremely slow in doubting that statement and except the Government to formulate its opinion more explicitly or widely. Keeping these factors in view, I am of the opinion that the matter need be shelved as is the view of the State Government and the premature release cases of the petitioners can be dealt with on a future/date, as expressed by the Government. Accordingly, these petitions are dismissed. Petition dismissed.