TEJBIN SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) IN this petition under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, the petitioner challenges the validity of the order passed by the respondent dated 13/18.6.1996, by which the request of the petitioner for pre-mature release was rejected. Reply on behalf of the respondent has been filed.

(2.) THE main defence taken by the respondents to support the impugned order has been referred to in paragraph 8 of the reply. It will be appropriate to reproduce relevant extract of paragraph 8 of the reply :-

(3.) ANOTHER factor which has to be considered by this Court is that in accordance with the judgment of the Supreme Court in the case of Sunil Batra v. Delhi Administration reported as AIR 1980 Suprme Court 1579, any jail punishment would become final against the accused/detenu only upon its judicial appraisal by the Court of competent jurisdiction. It is admitted before this Court that the warnings issued to the petitioner were never subject matter of any judicial review by the District and Sessions Judge of the concerned area. This itself would amount to violation of the judgment of the Highest Court of the Land and would render the warnings issued to the petitioner ineffective and inconsequence.