The reformatory theory of punishment and the liberal interpretation of the Parole Rules and the Shortening Rules to grant permanent parole and premature release based on the petitioner's conduct and completion of 14 years of imprisonment.

1. - William Shakespeare, in his play The Merchant of Venice wrote, "Justice should be tampered with mercy." The legal arena cannot be like a sterilised operating theater. Instead, it must be like a warm hearth in a cold winter exuding the fragrance of compassion and understanding. It is with this understanding that one of the principles of criminal law is to condemn the crime, but not the criminal. Theology may doubt the goodness of man; criminal law believes in his goodness. Thus, the goal of criminal justice delivery system is not just to punish an offender, to throw him out of the Garden of Eden, but more importantly to reform him to the point where he can be brought back into the society. While dealing with the present case, we cannot lose sight of the underlying philosophy of criminal justice delivery system.

2. These two different writ petitions relate to the premature release of Birdha from the Central Jail Jaipur. While the first petition is a letter petition sent by Birdha from the Jail, the second petition has been filed by his wife, Smt. Pyari Devi. Thus, these two petitions are being decided by this common judgment.

3. Admittedly, the Petitioner was convicted for offence of rape and murder of a minor girl - a most heinous crime in any civilised society. For his loathsome crime, he was convicted and sentenced for life. He has already, spent twenty-seven years of his life behind the stonewalls of the Central Jail Jaipur. During this long period of incarceration, he has been let out on parole on five occasions. To his credit, during these furloughs he has not disturbed the even tempo of life outside the jail. He has religiously followed the conditions of the parole. Quietly he has gone to his village; peacefully, he has returned to the jail. His conduct, according to the Superintendent, Central Jail, Jaipur, has been satisfactory. In fact, the Superintendent has recommended his release on permanent parole and even for his premature release. His recommendation has been further supported by the report of the social welfare officer. Yet, the Advisory Committee in its meeting on 20.10.03 has declined to release the petitioner on permanent parole and has also declined to release him prematurely. Hence, the petitioner has sent this letter petition to the court pleading for either being released on permanent parole, or for being released prematurely.

4. Mr. Vinay Pal Singh, the learned counsel for the petitioner, has stressed on the facts narrated above. He has raised two contentions before this court : firstly, since the petitioner has been released on five paroles, he is entitled to be released on permanent parole under the Rajasthan Prisoners (Release on Parole) Rules, 1958 ('the Parole Rules', for short). Secondly, since the petitioner has completed more than fourteen years of incarceration, he is entitled to be released prematurely under the Rajasthan Prisoners (Shortening of Sentence) Rules, 1958 ('the Shortening Rules', for short). Even earlier, the Advisory Committee rejected the petitioner's case for parole on the ground of the heinous nature of his crime and on the ground that he had participated in the general strike observed in the Jail in 1991. His wife had filed a writ petition before this court. Vide judgment dated 19.08.03 this court had directed the Advisory Committee to consider his case for parole. According to the impugned order, the same factual matrix has also impressed the present Advisory Committee. However, according to the learned counsel the petitioner has already served a sentence of twenty seven years in jail. Thus, he has paid for his crime. As far as his conduct in the jail is concerned, his involvement in the general strike is a stale case, which cannot be considered after a lapse of almost fifteen years. During this period of fifteen years, the petitioner has reformed himself to the point of winning favourable reports from the Superintendent and the Social Welfare officer. Thus, the im