BALDEV SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS petition under Articles 226 and 227 of the Constitution of India relates to grant of appropriate writ, order or direction to the State Government to consider mercy petition made by the petitioner for premature release within the shortest possible time.

(2.) FACTS relevant for the disposal of this petition are that the petitioner after his arrest on 29.4.1979 was convicted and sentenced to undergo imprisonment for life by the Additional Sessions Judge, Faridkot on 13.11.1979. He has already undergone 9 years 9 months actual sentence; besides earning remissions of about seven years.

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