judgment

S.B. SINHA, J. —

1.A circular letter issued by the State of Haryana laying down criteria for pre-mature release of the prisoners has been declared to be unconstitutional by a Division Bench of the Punjab and Haryana High Court by reason of the impugned judgment.

2. Respondents herein are life convicts. They were chargesheeted for commission of an offence of murder of Ran Singh, Rattan Singh and Satbir Singh. They have been found guilty thereof by a judgment of conviction and sentence dated 25.01.1988. Indisputably, their appeals before the High Court as also this Court [since reported in (1995) 5 SCC 187] had been dismissed.

3. The State of Punjab in exercise of its power conferred upon it under the Prisons Act, 1894 made rules. They have statutory force. Sub-rules (a), (b), (c), (d) and (f) of Rule 2 read as under:

“(a) “prisoner” includes a person committed to prison in default of furnishing security to keep the peace or be of good behaviour;

(b)“class I prisoner” means a thug, a robber by administration of poisonous drugs or a professional, hereditary or specially dangerous criminal convicted of heinous organized crime, such as dacoity;

(c)“class 2 prisoner” means a dacoit or