JUDGMENT :

Kuldeep Tiwari, J. (Oral)

1. Prayer of the petitioner for releasing him prematurely in view of the Government Policy dated 08.07.1991 (Annexure P-1), has been declined vide impugned order dated 22.04.2024 (Annexure P-6), which caused grievance to the present petitioner, and propelled him to file the instant petition under Article 226 of the Constitution of India, wherein, challenge has been thrown to the aforesaid impugned order, and a prayer has been made to release him prematurely as he claimed himself to be covered under the policy of the State of Punjab.

FACTS OF THE CASE

2. The petitioner alongwith other co-accused Harminder Singh, was arrayed as an accused in FIR No. 25, dated 25.03.1999, under Sections 302, 307 and 397 of the IPC, and under Section 25/27 of the Arms Act, registered at Police Station City Phagwara, and was tried for the said offences, and ultimately was convicted and sentenced to undergo imprisonment for life by the learned Sessions Judge, Kapurthala, vide judgment/order dated 27.09.2008, and the statutory appeal as preferred by the petitioner challenging the aforesaid verdict, was also dismissed vide judgment dated 13.12.2012.

3. On completion of the actual sentence of 10 years (with remissions 14 years), earlier the Jail Superintendent concerned, after obtaining legal opinion recommended for premature release of the petitioner on dated 18.06.2020, which was further approved by the District Magistrate, Hoshiarpur, as well as Senior Superintendent of Police concerned, as the conduct of the present petitioner remained good and satisfactory throughout in jail, as well as outside while being on parole and furlough. However, the committee constituted for consideration of the case of life convicts for grant of premature release, rejected the case of the present petitioner, and sent his case back to the concerned authorities on dated 15.12.2020. Thereafter, the Jail Superintendent concerned again recommended the case of the petitioner for grant of premature release on dated 14.03.2021, and this time also his case was further recommended by the District Magistrate, Hoshiarpur as well as Senior Superintendent of Police, Hoshiarpur.

4. The case of the petitioner was not decided by the competent authorities, which propelled the petitioner to approach this Court, by way of filing petition bearing, CRWP-1335-2021 for grant of premature release in terms of the Government policy dated 08.07.1991, and this Court vide order dated 11.11.2021, directed the respondents to reconsider the case of the petitioner for premature release, within two weeks. Therefore, on the adjourned, i.e. on dated 09.12.2021, the then learned State counsel, informed that the case of the petitioner has been recommended to the Hon'ble Governor for its consideration.

5. In view of the above statement, the petitioner was ordered to be released on interim bail till the final decision of the Hon'ble Governor.

6. Finally, the case was taken up by this Court on dated 08.02.2024, and this Court again directed the respondents to take the decision on premature release of the petitioner within two weeks, and the petitioner was directed to surrender before the jail authority concerned on dated 19.02.2024. Accordingly, the petitioner surrendered and is in jail since then.

7. Finally, the case of the petitioner was put up before the Council of Minsters on 09.03.2024, who also refused to grant the premature release of the petitioner, without assigning any reason and further on the basis of non-recommendation report his case was finally rejected by the Hon'ble Governor on 24.04.2024 (Annexure P-6).

SUBMISSIONS MADE BY LEARNED COUNSEL FOR THE PETITIONER

8. Learned counsel for the petitioner submits that the petitioner was convicted vide order dated 27.09.2008, therefore, his case is covered under the Government Policy dated 08.07.1991 (Annexure P-1), and no reason whatsoever, has been assigned in the impugned order for declining the relief of the premature releas