Commission of a jail offence is no legal ground to deny premature release to a convict, especially when the person has been punished for such a misconduct.

JUDGMENT

Jasjit Singh Bedi, J. (Oral) - The present petition under Article 226 of the Constitution of India has been filed praying for the issuance of an appropriate order or direction, directing the respondents to release the petitioner forthwith prematurely on usual terms and conditions as per Govt. Instructions dated 08.07.1991 (Annexure P-1) as further the detention of the petitioner in jail would be illegal, arbitrary and discriminatory with a further prayer to consider the case of the petitioner for the grant of premature release in terms of the Policy (Annexure P-1). It is still further prayed that during the pendency of this case, the petitioner be released to interim bail/parole.

2. The brief facts of the case are that the petitioner was arrested in FIR No.177 dated 24.10.1996 registered under Sections 302, 307, 392, 34 IPC and under Sections 25 and 27 of Arms Act, Police Station Kotwali, District Bathinda and tried for the said offences and ultimately convicted under Sections 302 and 392 read with Section 34 IPC and sentenced to undergo imprisonment for life by the learned Additional Session Judge, Bathinda on 10.10.2020. Thereafter, the petitioner assailed the impugned judgment vide Criminal Appeal No.638-DB-2000 which was dismissed by this Court on 28.11.2009.

3. The Punjab Government has issued Instructions dated 08.07.1991 regarding premature release of the life convicts while exercising the powers conferred under Sections, 432, 433 and 433(A) of Cr.P.C. and Article 161 of the Constitution of India. It has been provided in the Government instructions that where the death sentence has been commuted into life imprisonment the case will be considered after undergoing 14 years actual sentence and with remission 20 years and in the case of heinous crimes, his case would be considered after undergoing 12 years actual sentences and 18 years with remissions and further in a simple murder case after 10 years and with remissions 14 years.

4. As per the learned counsel, the petitioner had already undergone more than 13 years actual sentence of imprisonment and more than 17 years sentence including remissions. However, as per policy dated 08.07.1991 (Annexure P-1), he was required to undergo 10 years actual sentence and including remissions 14 years.

5. As per Government Instructions (Annexure P-1), the petitioner was required to undergo rigorous imprisonment for 10 years actual sentence and with remissions 14 years. The petitioner had undergone more than the prescribed of actual sentence and with remissions, therefore, the further detention of the petitioner in jail is illegal, arbitrary, discriminatory and against the Government Policy (Annexure P-1).

6. The case of the petitioner for grant of premature had not been considered by the Government on the ground that the petitioner had committed jail offences.

7. The petitioner was fulfilling all the conditions for grant of premature release as per the Government Instructions dated 08.07.1991 (Annexure P-1). Therefore, his case for grant of premature release should have been initiated as per Government Instructions by the concerned District authorities.

8. The petitioner made a request for initiation of his case for grant of premature release in terms of Government policy (Annexure P1) dated 08.07.1991 but the respondent Nos.2 and 3 did not recommend his case on the ground of having committed a jail offence. The petitioner also served a legal notice (Annexure P-2) dated 01.10.2019 for considering his case in terms of Government policy (Annexure P-1) and in view of law laid down by Hon'ble Supreme Court of India and this Court but the respondents neither considered his case nor was any reply given.

9. Since, the petitioner fulfilled all the conditions of the Government Instructions, therefore, the action of the respondents is not initiating the case of the petitioner for grant of premature release was highly illegal, arbitrary, discriminatory and against the principle of natural justice