TEK CHAND Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Again no reply filed on behalf of respondent No 1. It appears, respondent No.1 does not feel interested in filing reply or is not in a position to controvert the facts alleged by the petitioner. Petitioner, Tek Chand, was convicted on 22/12/1983 by Sessions Judge, Ferozepur, for murder and allied offences and was sentenced to undergo imprisonment for life. He has claimed premature release on the ground of illness/infirmity. For the purpose, he has relied upon government instructions dated 21/8/1986 (Annexure P 4) wherein in para 2 it was stated that all infirm prisoners who were incapacitated by illness provided their release is supported by the recommendations of a committee of three doctors of the. District concerned. For release under those instructions only infirmity on the part of the prisoner i.e., incapacitation by illness was required provided the same was supported by a committee of three doctors. Those instructions were further clarified on 27/4/1988 vide Annexure P-5 through which instructions it was decided that cases of all life convicts covered-under para 2(u) of the instructions dated 21/8/1986 were to be considered on merits irrespective of the date of decision.

(2.) It is not disputed that conduct of the petitioner in jail had been satisfactory all along. In the reply filed on behalf of respondent No.2 i.e., Civil Surgeon, Ferozepur, it is submitted that petitioner is infirm and respondent No.1 has not dared to deny that fact. Annexures p 6 and p 7 are the opinions rendered by a committee of three doctors of the concerned district. Annexure p 6 relates to the examinations conducted on 18th and 27th October, 1986 and Annexure p 7 is based on the examination conducted on 28/6/1986, 1/7/1988, and 5/7/1988.

(3.) The opinion rendered in Annexure p 6 runs as under: