JASPAL SINGH Vs. STATE OF PUNJAB AND ORS.

JUDGEMENT

(1.) Petitioner has invoked the writ jurisdiction of this Court under Article 226/227 of the Constitution of India for issuance of a writ in the nature of certiorari for setting aside the impugned order dtd. 9/10/2017 (Annexure P-6), passed by Government of Punjab whereby the case of premature release of the petitioner has been kept pending on the ground that investigation was done by the Central Agency and the consent of Union of India is necessary before granting remission to the convict. Further, a mandamus is sought for release the petitioner with immediate effect as he has already undergone more than 14 years 04 months of actual sentence and total sentence of 17 years 02 months with remission.

(2.) It comes out that the petitioner was convicted under Ss. 120B, 364/34, 302/34 and 201 of the Indian Penal Code and awarded maximum sentence for life vide judgment of conviction and order of sentence dtd. 18/11/2005, passed by learned Additional Sessions Judge, Patiala. On the allegations of killing of Jaswant Singh Khalra, General Secretary, Human Rights Wing of Shiromani Akali Dal. The case was investigated by Central Bureau of Investigation. Petitioner is now confined in Open Air Jail, Nabha.

(3.) Learned counsel for the petitioner contends that petitioner was arrested on 21/11/1996 and had remained in judicial custody upto 4/6/1997 during the trial. He was again confined in jail w.e.f. 18/11/2005 and since then he is in judicial custody. His conduct in jail is good, therefore, his case was wrongly not considered.