GURMAIL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner Gurmail Singh was sentenced to undergo life imprisonment on November 3, 1980. His contention is that he is an infirm prisoner and on this account a committee of three doctors of the district has recommended his pre -mature release in accordance with the instructions issued by the State Government on August 21, 1986 (Annexure P. 1). In his writ petition he has prayed that direction be issued to the respondent State of Punjab to decide his case of pre -mature release in the light of the aforesaid instructions.

(2.) THE instructions relied upon by the petitioner are as follows : "The Government have decided to release the following categories of life convicts : - (i) All prisoners who are undergoing life imprisonment and who are above the age of 70 years and have undergone at least 5 -1/2 years of actual imprisonment provided they were convicted before 18 -12 -78 and their conduct during imprisonment has been satisfactory. (ii) All infirm prisoners who were incapacitated by illness provided their release is supported by the recommendation of a committee of three doctors of the district concerned. The above decision of (i) and (ii) will however, not be applicable to those life convicts whose death sentence have been commuted to life imprisonment on mercy petition."

(3.) ACCORDING to the petitioner his case is covered by the second category mentioned in the instructions. His grievance is that the State Government is not dealing with his case in the light thereof.