GURU BUX SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) GRIEVANCE of the petitioners in these writ petitions is that although they have served the sentence for more than 14 years, their cases were not placed by the Jail Authorities before the state Advisory Board for shortening of their sentences and premature release. In these petitions Constitutional validity of Rule 8 (2) (i) of the Rajasthan Prisons (Shortening of Sentences) Rules, 2006 (for short '2006 Rules') has been challenged.

(2.) IT is contended on behalf of the respondents that the State of Rajasthan in its wisdom exercising the powers conferred by clause (5) and (27) of Section 59 of the rajasthan Prisons Act, 1894 (for short 'the Act') has formulated 2006 Rules. Clause (5)and Clause (27) provide thus :-

(3.) HAVING analysed the submissions we notice that in Rule 8 (2) (i) of 2006 Rules, a condition has been added that the prisoner shall also have to earn a minimum of 4 years of remission in order to be eligible for consideration. Rule 8 (2){i) reads as under :-