EX SEPOY SULAKHAN SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) This is a petition filed by Sulakhan Singh-petitioner under Article 226 of the Constitution of India for his release contending that his detention is in violation of law.

(2.) The relevant facts are that petitioner was an Sepoy in the Indian Army. On 4-2-1984 the petitioner was awarded life imprisonment. It was confirmed and promulgated by Commanding Officer 20, Punjab, Petitioner has represented that he had already undergone 9 months and 2 days during the course of trial, 11 years 1 month and 14 days as the actual sentence when the petition was filed and has earned remission for 4 years 4 months and 17 days. In this process he has already undergone more than 14 years of sentence and is entitled to be released.

(3.) In the reply filed respondents 1 and 3 have contested the petition. The respondents' case is the petitioner was convicted and awarded life imprisonment in terms of Section 302, IPC. Section 433-A, Cr. P.C. applies and petitioner cannot be released unless he has served 14 years of imprisonment. The instructions had been issued dated 13-11-1986 by the Army authorities for review of the sentence awarded by the Court Martial. The relevant portion of the same reads :-