Life imprisonment means imprisonment for natural life; exclusion of certain crimes from remission is constitutional and reasonable.

JUDGMENT :

Sanjay Dhar, J.

1) By this common judgment, we propose to decide the afore-titled Letters Patent Appeal filed by Ashiq Hussain Factoo, and two writ petitions, one filed by petitioner Ashiq Hussain Factoo and another filed by Nazir Ahmad Sheikh.

2) The Letters Patent Appeal arises out of judgment dated 16.11.2012 passed by the learned Single Judge, whereby the writ petition filed by Ashiq Hussain Factoo has been dismissed. Vide Writ petition bearing WP(Crl) No.02/2024, petitioner Ashiq Hussain Factoo has challenged Rule 54.1 of the Manual for Superintendence and Management of Jails in the State of J&K as also Order No.Home-73 of 2012 dated 23.08.2012 issued by the State of J&K. Vide order dated 23.08.2012 (supra), the claim of the petitioner for grant of remission has been declined. Vide Writ petition bearing WP(Crl) No.03/2024, petitioner Nazir Ahmad Sheikh has challenged Rule 20.10 of the Prison Manual of 2022 for the Superintendence and Management of Prisons in the Union Territory of Jammu and Kashmir.

3) It is pertinent to mention here that both the writ petitions i.e. WP(Crl) No.02/2024 and WP(Crl) No.03/2024 were initially filed before the Supreme Court of India. However, in terms of order dated 17.01.2024 passed by the Supreme Court, these writ petitions were remitted to this Court with a direction to dispose of the same as also the afore-titled LPA within a period of nine months from the date of the said order. It is in these circumstances that the aforesaid two writ petitions and the LPA are being taken up together for disposal under law.

(A) Background facts:

4) Appellant Ashiq Hussain Factoo was booked in FIR No.204/1992 for offences under Section 302 RPC, 3/4 TADA Act and 3/25 Arms Act registered with Police Station, Shaheed Gunj, Srinagar, and it was alleged that he along with co-accused was involved in murder of one Shri H. N. Wanchoo so as to create an imminent sense of terror in the minority community in Kashmir. Thereafter he was charged along with eleven more persons for offences under Section 302, 120-B RPC and Section 3 of the TADA Act by the Designated Court (under TADA Act, 1987), Jammu. Out of these twelve persons, four died and five others absconded, therefore, the appellant along with two other persons was put on trial. They were acquitted of the charges by the Designated Court in terms of judgment dated 14th July, 2001. The said judgment was assailed by the investigating agency i.e. CBI before the Supreme Court by way of Criminal Appeal No.889 of 2001. The Supreme Court vide judgment dated 30th January, 2003, allowed the appeal and the judgment of the Designated Court, Jammu, was set aside. The appellant along with other accused were convicted of offences under Section 3 of TADA Act as well as Section 302 read 120-B RPC. Consequently they were sentenced to undergo life imprisonment. The appellant Ashiq Hussain Factoo is in custody since 6th February, 1993.

5) Petitioner Nazir Ahmad Sheikh was booked in FIR No.105/1990 for offences under Section 302 of RPC, 3(2) of TADA(P) Act. It was alleged that the said petitioner along with ten other co-accused, was involved in the murder of a BSF personnel, namely, Shri Dharamveer Sharma with a view to spread terror in the Valley amongst the security forces. After the charge sheet was filed before the Designated Court (under TADA Act), Jammu, one of the co-accused was discharged and two more co-accused died. Vide judgment dated 03.12.2012 passed by the Designated Court, petitioner Nazir Ahmad Sheikh along with two more co-accused were convicted. Petitioner Nazir Ahmad Sheikh was convicted of offences under Section 302 RPC, 3(2)(i) and 4 of TADA Act and 7/27 Arms Act. Vide order dated 03.12.2012 passed by the Designated Court, the aforenamed petitioner has been sentenced to undergo imprisonment for life and to pay a fine of Rs.5,000/ in proof of offence under Section 302 RPC, whereas in proof of offence under Section 3(2)(i) of TADA Act, he has been sentenced to