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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
DEEPAK GUPTA
Rajbir Singh – Appellant
Versus
State of U.T. Chandigarh – Respondent
JUDGMENT :
Deepak Gupta, J.
1. Prayer in this petition filed under Section 226/227 of the Constitution of India is to issue writ in the nature of certiorari by quashing impugned order dated 10.08.2021 passed by the Principal Secretary Home for Administrator, Union Territory, Chandigarh, whereby case of the petitioner for pre-mature release, as per the Policy dated 08.07.1991 (Annexure P-1) has been rejected. Petitioner further prays for issuance of writ in the nature of mandamus by directing the respondents to release him, as he has already undergone sentence required under the Policy in question.
2. It is undisputed that petitioner was convicted vide judgment of conviction/order of sentence dated 04.05.2005 passed by learned Addl. Sessions Judge, Chandigarh, in a case arising out of FIR No.186 dated 21.09.2001 under Sections 302, 342 and 201/34 of IPC, registered at Police Station Manimajra, Chandigarh and was sentenced to undergo life imprisonment. Appeal against said judgment was dismissed by a Division Bench of this Court vide judgement dated 25.02.2009 (Annexure P-2). Presently, petitioner is confined in Model Jail, Burail, Chandigarh.
3.1 The contention of the petitioner is that
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....
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 main legal point established in the judgment is that the policy prevailing at the time of conviction governs the grant of remissions, and the commission of jail offences should not be a sole grou....
The policy prevailing at the time of conviction is crucial for considering premature release of life convicts, and convicts opting to undergo sentence in open air jails are entitled to the benefit of....
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