JAWAHARLAL GUPTA, J.

1. Is heinousness of crime wholly extraneous to the grant of pardon premature release? A learned single Judge in Mithu Singh, V/s. State of Punjab 1989 (1) Ree. Cri R 238 has taken the view that "the heinousness or gravity of the offence is no legal ground to discriminate the case of one accused with the cases of other accused...... This view appears to have been reiterated in later decisions viz., Dalbir Singh V/s. State of Haryana 1989 (2) All Cri LR 290 and in Sehaj Ram V/s. State of Haryana 1990 (2) Chand Cri C 99. Sekhon; J. has expressed reservation about the view taken in Mithu Singhs case. On a reference this matter has come up before us.

2. Mr. Vijay Jindal, learned counsel for the petitioner has vehemently contended that heinousness or gravity of the offence is a matter which is considered by the Court while awarding punishment. It is not relevant to the question of premature release of the convict. He has further contended that the State Government having issued instructions vide letter dated 12/12/1985 (Annexure P. 2), the mercy petitions had to be examined only in accordance with the instructions. Heinousness of the offence is not one of th