(1.) DETENU Lachhman Singh is undergoing life imprisonment in Central Jail, Ferozepur. He was convicted and sentenced on March 6, 1979, that is, after the enforcement of Section 433 -A of the Code of Criminal Procedure, 1973, (hereinafter called the Code). His appeal was dismissed by the High Court. Through this petition he has prayed for his premature release.
(2.) THE matter regarding premature release of an accused convicted after the enforcement of Section 433 -A of the Code was considered by a Division Bench of this Court in Ranbir Singh v. State of Haryana, 1987(2) RCR(Crl.) 268 (P&H), CWP No. 628 of 1985, decided on May 2, 1986, in the light of the Supreme Court judgment in Maru Ram etc. v. Union of India and others, AIR 1980 SC 2147. It has been held by the Division Bench that para 516 -B of the Punjab Jail Manual and similar executive instructions issued before 18th December, 1978, the date on which Section 433 -A was enforced, cannot be invoked by the detenus, who were convicted after the said date. It was observed therein : "the correct interpretation of Maru Ram's case is that Section 433 -A of the Code has a sway over para 516 -B of the Punjab Jail Manual or similar other executive instructions regarding the early release of the life convicts, whose cases fall under this section. These convicts are a class apart and cannot invoke the aid of the instructions, incompatible with Section 433 -A of the Code, issued by the Central or State Governments prior to 18th of December, 1978."
(3.) THE wide powers of executive clemency were accepted in Maru Ram's case (supra) and it was observed that Section 433 -A by no means precludes the States adopting as working rules the same remission schemes, which seems to be fairly reasonable, meaning thereby that executive instructions with regard to remissions were possible even after 18th December, 1978, irrespective of the said provision of the Code.