SADA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE Punjab Government formulated a policy which was conveyed to the Inspector General of Prisons, Chandigarh for releasing of the following categories of life convicts :

(2.) ON the basis of the said policy, the petitioner has filed this petition, claiming that he was entitled to be released forthwith and that his further detention would be violative of Articles 14, 19 and 21 of the Constitution of India. It is further stated that the petitioner was tried, convicted and sentenced to life imprisonment by the First Additional Sessions Judge, Faridkot on 26.5.1980 and since then he has been continuously confined in jail. Appeal against his conviction and sentence was dismissed by this Court on 1.12.1980. While giving the details, this petitioner claims that he has undergone 1 year, 6 months and 11 days during the trial and 7 years 1 month and 4 days after his conviction. This period comes to 8 years, 7 months and 15 days and remissions granted to the petitioner come to a period of 5 years 2 months and 3 days. Total of both the periods comes to 13 years 9 months and 8 days. 5 months have passed after this petition was filed and therefore, total period of detention comes to 14 years, 2 months and about 8 days. These facts have not been denied by the respondent-authorities.

(3.) RELEASE of the petitioner has been opposed only on the ground that the policy contained in Annexure P2 is applicable only to those cases where the persons have been convicted before 18.12.1987. The interpretation placed on Annexure P2 by the respondents is not consistent with the clear categories given therein.