GURBACHAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS Crl. Writ Petition as well as C.W.P. No. 1238 of 1989 re. Kashmir Singh v. State of Punjab relate to grant of appropriate writ, order or direction to the State Government to considered mercy petition made by individual detenus for pre-mature release within the shortest possible time. As common questions of law and fact are involved, both these petitions shall be disposed of by one order.

(2.) FACTS relevant for the disposal of the present case are that the petitioner's son Raj Singh was convicted under Section 302 of the Indian Penal Code and was sentenced to undergo imprisonment for life by Sessions Judge, Ferozepur, on 10.10.1981. By now the detenu Raj Singh had undergone 8 years 3 months actual sentence. Since Raj Singh detenu was less than 20 years of age at the time of his conviction so under the Government Instructions he was required to undergo only five years actual sentence before his case for pre-mature release could be considered, under Article 161 of the Constitution of India. Even otherwise, Raj Singh detenu had completed minimum period of 8-1/2 years of actual sentence, and, his conduct in the jail being satisfactory, his case was recommended by the State Government Level Committee as well as by the Superintendent, Central Jail, Ferozepur, to the State Government and the said petition was received in the office of Deputy Secretary (Home) Punjab on 3.3.1989 and the said petition has not so far been considered by the State Government.

(3.) ON behalf of the State it was mainly contended that under Article 161 of the Constitution of India the power of the State to grant mercy is not justiciable, and, as such no direction can be issued to the State for consideration, even, for the early disposal of the mercy petition.