IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Writ Petition No.1201 of 2011 Date of decision: 17th November, 2011 Malkiat Singh … Petitioner Versus State of Punjab and others … Respondents CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. Sarvesh Kumar Gupta, Advocate for the petitioner. Mr. S.S. Chandumajra, Deputy Advocate General, Punjab for the State. KANWALJIT SINGH AHLUWALIA, J. (ORAL) Present criminal writ petition has been filed under Article 226 of the Constitution of India praying for release of the petitioner, a life convict, prematurely as it is stated that he has already completed actual sentence of 11 years and 5 months and more than 19 years if remissions are added. Counsel for the petitioner has drawn my attention to para No.2 of the preliminary submissions made in the reply filed on behalf of the respondents, wherein it is stated as under: “2. … … … Now the present petitioner addressed a letter to respondent No.3 to initiate his pre-mature release case under the instruction dated 08.07.91 para No.I-1 of clause ‘B’, where the petitioner is required to undergo for a period of 12 years and with remission is required 18 years. And the respondent No.3 sought the instruction/direction from respondent No.2 in this regard vide letter No.6173 dated 18.05.2011. As per record said case is pending in the office of Director General of Police (Prisons), Punjab, Criminal Writ Petition No.1201 of 2011 Chandigarh for consideration, as and when any order in this regard received will be communicated to petitioner.” Counsel for the State has submitted that since case of the petitioner is pending for consideration before Director General of Police (Prisons), Punjab, therefore, the present petition is liable to be dismissed as premature. Counsel for the petitioner, to controvert the submissions made by counsel for the State, has stated that Director General of Police (Prisons), Punjab be directed to take a decision in terms of the reply filed in this Court, within a stipulated period. After hearing counsel for the parties, respondent No.2- Director General of Police (Prisons), Punjab, Chandigarh is directed to take a decision on the request made by the petitioner for his premature release, within a period of one month from the date of receipt of a certified copy of this order. In view of the directions given above, present petition is disposed of. [KANWALJIT SINGH AHLUWALIA] JUDGE November 17, 2011 rps 2