LAWS(P&H)-1999-11-150

SHIV DHAN Vs. STATE OF HARYANA AND OTHERS

Decided On November 30, 1999
Shiv Dhan Appellant
V/S
State Of Haryana And Others Respondents

JUDGEMENT

(1.) Crl. Misc. No. 31558 of 1999 allowed and copy of the judgment dated 2.9.1999 passed by the Honourable Supreme Court is taken on record.

(2.) Shiv Dhan, petitioner-convict, undergoing sentence of life imprisonment, seeks per-mature release on the ground that he had already undergone the following sentences of imprisonment till May 31, 1999:- <FRM>JUDGEMENT_150_LAWS(P&H)11_1999_1.html</FRM> The matter of premature release of the petitioner was considered by the respondents but it was rejected vide order dated Sept. 16, 1998, Annexure P-7 passed by the Secretary, Department of Home Affairs, Jails and Judicial Branch, Haryana-Respondent No.1.

(3.) The State Government of Haryana had taken a policy decision and issued instructions in exercise of powers under Art. 161 of the Constitution of India regarding premature release of the life convicts afresh on 28.9.1988 Annexure P.2 in place of earlier instructions dated 28.11.1977/27.2.1988 Annexure P.2. These Instructions were in force at the time of the conviction of the petitioner. Though he had qualified for his premature release but the Jail Authorities did not put up his case for consideration. Therefore, he filed Crl. Misc. No. 16447-M of 1997 and this Court disposed of the petition on 18.9.1997 with a direction to the respondents to reconsider the case of the petitioner within a period of three months from the date of receipt of a copy of the order.