MALKIAT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner is a lifer. He was convicted and sentenced by the learned Additional Sessions Judge, Jalandhar, vide his order dated March 24, 1979, i.e. after the enforcement of section 433 -A of the Code of Criminal Procedure, 1973.

(2.) THROUGH this writ petition, he has prayed for his premature release.

(3.) IT has been contended by the learned counsel for the petitioner that the State Government issued a set of instructions of premature release cases under Article 161 of the Constitution of India on March 26, 1985, as certain guidelines on the subject on December 12, 1985. In reply, it is admitted on behalf of the State Government that a notification was issued on March 26, 1985, constituting a State Level Committee for the consideration of cases of premature release and mercy petitions under Articles 161 of the Constitution and it issued guidelines on the subject on December 12, 1985. The guidelines list the grounds on the basis of which the request of premature release could be considered on a mercy petition filed under Article 161 of the Constitution. All this makes it clear that even after the enforcement of Section 433 -A, a life convict could make a mercy petition to the Governor of Punjab for premature release.