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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
KARAMJIT SINGH
Amar Singh – Appellant
Versus
State Of Haryana – Respondent
JUDGMENT :
Karamjit Singh, J. (Oral)
This order will dispose of the afore-titled connected petitions filed by the petitioner seeking his premature release.
2. CRWP-1562-2019 is filed by the petitioner seeking quashing of order dated 03.04.2017 vide which the case of petitioner for premature release was wrongly rejected on the ground that the same falls under para 2 (a) (xii and xiv) of the policy dated 12.04.2002 formulated by State of Haryana.
3. CRWP-1538-2024 is filed by the petitioner seeking setting aside of order dated 29.11.2023 whereby the case of premature release of the petitioner was deferred for period of another 2 years by the competent authority.
4. Counsel for the petitioner contends that the petitioner was convicted and sentenced to life imprisonment under Section 302 read with Section 120-B IPC by the Court of Additional Sessions Judge, Faridabad vide judgment and order dated 20/23.12.2006. The counsel for the petitioner further submits that the case of the petitioner is covered under policy dated 12.04.2002 which is relating to premature release of life convicts. The counsel for the petitioner further submits that the case of the petitioner covered under aforesaid poli
The court clarified that state policies for premature release must be applied equitably, implicating constitutional guarantees against arbitrary treatment.
The court established that adherence to the Premature Release Policy is mandatory, and past offenses cannot unjustly impede eligibility for release if the requisite sentence has been served.
The central legal point established in the judgment is the need to consider a convict's conduct and antecedents while in jail, rather than solely relying on age or the gravity of the original crime, ....
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 court mandated fair application of premature release policies for convicts, emphasizing that arbitrary denials infringe upon fundamental rights and must be reasoned.
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