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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
MANISHA BATRA
Sher Singh – Appellant
Versus
State Of Haryana – Respondent
JUDGMENT :
Manisha Batra, J. (Oral) -
The present petition has been filed by the petitioner under Article 226 of the Constitution of India making prayer for setting aside the order dated 29.11.2023 (Annexure P-4), passed by the respondent No. 1, whereby, the case of the petitioner for premature release, as per the policy dated 12.04.2022 (Annexure P-3) as issued by the Govt. of Haryana, had been deferred for one year with a direction that his case will be re-considered after one year.
2. As submitted in the petition, the petitioner had been held guilty and convicted for commission of offence punishable under Section 302 read with Section 34 of IPC, vide judgment of conviction dated 01.09.2007 and order on quantum of sentence dated 04.09.2007, passed in case arising out of FIR No. 46 dated 08.04.2006, registered under Section 302 read with Section 34 of IPC at Police Station Barara, District Ambala and had been sentenced to undergo rigorous imprisonment for life. Admittedly, he had filed an appeal against his conviction, which had been dismissed by a Division Bench of this Court, vide judgment dated 12.09.2012 passed in CRA-D-844-DB-2007.
3. Learned counsel for the petitioner has vehe
The court clarified that state policies for premature release must be applied equitably, implicating constitutional guarantees against arbitrary treatment.
Premature release is not an inherent right of a convict and is subject to the discretion of the State Government based on various factors including the conduct of the convict in jail and the nature o....
The court mandated fair application of premature release policies for convicts, emphasizing that arbitrary denials infringe upon fundamental rights and must be reasoned.
The court directed that prisoners eligible under state policy for premature release must be evaluated fairly, without undue reliance on singular opinions, safeguarding against arbitrary treatment.
The exercise of executive power of clemency is a duty vested in the Authority for the welfare of the people, and the case of premature release of a life convict is governed by the policy/guidelines o....
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