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1984 Supreme(SC) 28

V.D.TULZAPURKAR, R.S.PATHAK, SABYASACHI MUKHARJEE
Sadhu Singh – Appellant
Versus
State Of Punjab – Respondent


Advocates:
AMERDIP JAISWAL, HARBANS SINGH, S.K.Bagga, SANJIV PURI, URMILA SIRUR

JUDGMENT

TULZAPURKAR, J.:— In the context of the right of the lifers (prisoners sentenced to life imprisonment prior to 18th December, 1978 being the date of coming into force of Section 433A, Cr. P. C.) to have their cases considered for premature release under the Punjab Jail Manual two contentions were urged by counsel appearing for the lifers before us in the above matters. First, it was contended that such lifers were entitled to have their cases for premature release considered by the concerned authorities on completion of ten years of sentence inclusive of remissions in the case of a female prisoner or a male prisoner of under 20 years of age at the date of the commission of the offence or completion of 14 years of sentence inclusive of remissions in the case of adult prisoners under Para 516-B of the Punjab jail Manual but since November 1971 the authorities concerned are not submitting their cases for such consideration until actual substantive imprisonment has been undergone for 6 years in case of female prisoners and prisoners below 20 years at the date of the commission of the offence and 8-1/2 years in case of adult prisoners and in that behalf certain executive instru























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