PARSOTAM LAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PETITIONER Parshotam Lal is undergoing life imprison. ment in Central Jail, Jalandhar. He was convicted and sentenced on January 13, 1979, that is, after the enforcement of Section 433-A of the Code of Criminal Procedure, 1973, (hereinafter called the Code). His appeal was also dismissed by the High Court. Through present petition he has prayed for his pre-mature release.

(2.) THE matter regarding pre-mature 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 etc., 1987(2) Recent CR 268, Criminal Writ Petition No. 4628 of 1985 decided on May 2, 1986, 1987(2) Recent CR 268, in the light of the Supreme Court judgment in Maru Ram etc. v. Union of India and others, AIR 1980 S.C. 2147. It was held that 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. 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 Government prior to December 18. 1978, as per Maru Ram's case (supra).

(3.) ALLEGEDLY , Punjab Government have issued instructions and guidelines even after the enforcement of Section 433-A of the Code on the subject. It is admitted in the reply filed on behalf of the respondent that State Government had issued notification on 26th March, 1985. constituting a State Level Committee for the consideration of cases of pre-mature release and mercy petitions under Article 161 of the Constitution and that it had also issued guidelines on 12th December, 1985. Listing grounds on the basis of which requests for pre mature release could be considered on a mercy petition I filed under Article, 161 of the Constitution of India. It is thus clear that after the enforcement of Section 433-A of the Code, a life convict can make a mercy petition to the Governor of Punjab for premature release.