JUDGMENT :

Hemant Gupta, J.

The State and the writ petitioner before the High Court, ¹[Hereinafter referred to as the 'prisoner'.] are aggrieved by an order passed by the learned Single Bench of the High Court of Punjab & Haryana at Chandigarh on 12.5.2020 whereby the policies of the State Government to grant remission to the prisoners were decided, inter alia, directing the State to consider the feasibility of drafting a fresh policy particularly in respect of exercise of powers conferred under Article 161 of the Constitution. It was also held that the State may also consider the feasibility of having a policy with retrospective operation, provided the same does not lead to discrimination amongst substantial number of identically situated prisoners. The Court further observed that till such time a decision is taken, the appropriate Government can exercise its powers under Sections 432 and 433 of the Code of Criminal Procedure, 1973²[For short, the 'Code'.] in terms of policy dated 13.8.2008, but while strictly adhering to the restrictions imposed under Section 433-A of the Cod