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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
MANISHA BATRA
Avtar Singh – Appellant
Versus
State Of U.T., Chandigarh – Respondent
JUDGMENT :
Manisha Batra, J.
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 07.07.2023 (Annexure P-5), passed by the respondent No. 1-Secretary, Department of Homes, Chandigarh Administration, whereby, the case of the petitioner for premature release, as per the policy dated 08.07.1991 (Annexure P-2), as issued by the Govt. of Punjab and applicable to U.T., Chandigarh, had been declined. He has also made prayer for issuance of a writ in the nature of mandamus by directing the respondents to release him on the ground that as per conditions of the aforementioned policy, he has already undergone his sentence.
2. As submitted in the petition, the petitioner had been held guilty and convicted for commission of offence punishable under Section 302 of Indian Penal Code (for short 'IPC'), vide judgment of conviction and order on quantum of sentence, both dated 31.01.2003, passed in case arising out of FIR No. 119 dated 05.05.1999, registered under Section 302 read with Section 34 of IPC at Police Station Sector 11 (West), Chandigarh, and had been sentenced to undergo rigorous imprisonment for
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.
Premature release criteria must consider both the convict's compliance with sentencing policies and their personal circumstances, including health and age, ensuring a holistic approach in decision-ma....
The discretion to suspend or remit the sentence lies with the State Government, but the decision must be in accordance with the law and not arbitrary. The opinion of the Presiding Judge must fulfill ....
Remission in sentence – Sentencing is a judicial exercise of power – Act thereafter of executing sentence awarded, however, is a purely executive function which includes grant of remission, commutati....
Procedural safeguards in remission applications must be strictly followed, and reliance on insufficiently reasoned opinions can render decisions unsustainable.
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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