JUDGMENT

S.B. Sinha, J.

1. Leave granted.

2. Jurisdiction of the Court to interfere with the authority of the State in terms of the Government Instructions in regard to release of the convicts is in question in this appeal which arises from a judgment and order dated 13.7.2007 passed by a learned Single Judge of the Punjab and Haryana High Court at Chandigarh directing release of the respondents from prison, stating:

"According to written statement in the case of Bhup Singh, he had undergone actual sentence of 14 years and 26 days as on 6.5.2007. Accordingly, he has undergone a few days more than 14 years and 3 months of actual sentence as on today. According to written statement in the case of Om Prakash, he had undergone actual sentenceof 13 years 11 months and 27 days as on 19.4.2007 and thus, he has undergone actual sentence of 14 years 3 months and 21 days as on today. Thus, both the petitioners have undergone more than 3 months over and above the actual sentence of 14 years. Thus, provisions of section 433-A of the Code also being taken into consideration, the petitioners deserve to be released immediately as they have already completed the actual sentence of 14 years. On the other hand, if judgment dated 24.7.2003 of this Court is taken into consideration, then the petitioners should have been released about 4 years ago. Thus, viewed from any angle, continued incarceration of the petitioners in the jail is completely illegal and untenable. For the forgoing reasons, both these criminal writ petitions are allowed and both the petitioners are ordered to be released forthwith from jail unless they are required in some other case. However, this direction is subject to final outcome of Special Leave Petition (Criminal) No.1488 of 2004 pending in the Hon'ble Supreme Court."

3. Respondents were convicted for commission of offences under Section 302 of the Indian Penal Code, by a judgment and order dated 25.1.1988 for murder of three persons. They were sentenced to undergo rigorous imprisonment for life.

4. The Government of Haryana took a policy decision as regards premature release of the life convicts by putting them in various categories. The cases for premature release of the appellants were not considered on the premise that the offence committed by them fell in the category of `heinous crimes' as murder of more than two persons was involved and, thus, could be considered only after completion of 20 years' actual imprisonment and 25 years' imprisonment including remissions.

5. The validity or otherwise of the said policy decision was questioned by the respondents by a writ petition before the Punjab and Haryana High Court which was marked as Criminal Miscellaneous No.30109-M of 2002. The said writ petition was allowed by a judgment and order dated 24.7.2003 holding that they were entitled to be considered for premature release on the expiry of 10 years of actual sentence and 14 years of sentence including remissions.

6. Correctness of the said judgment was questioned before this Court. By a judgment and order dated 13.10.2006, the State was directed to consider the cases of the respondents and others for premature release in terms of the judgment of the High Court dated 24.7.2003. Pursuant thereto and in furtherance thereof, the orders impugned before the High Court were passed by the State on 13.12.2006 declining release of the respondents, observing that they had not completed the requisite period of sentence undergone to qualify for premature release under the existing policy.

7. Mr. Naseem, learned counsel appearing on behalf of the appellant would contend that the High Court could not have issued the impugned direction inasmuch as the State Government could have only been directed to consider the matter relating to their premature release treating the date on which he was required to be put up before the State under Article 166 of the Constitution as the relevant date with reference to which their cases were required to be con