State Of Haryana vs Mahender Singh & Ors

The Punjab Rules were amended on 9.03.1962, in terms whereof, 'life convict' has been defined to mean 'prisoner whose sentence amounts to 20 years imprisonment'.

Adult male life convicts After completion of 8-1/2 years of substantive sentence and 14 years sentence including remission.

2. Female and Juvenile life convicts who were below 20 years of age at the time of commission of offence.

After completion of 6 years of substantive sentence and 10 years sentence including remission."

Their cases will be reviewed after completion of 14 years actual sentence including undertrial/detention period. In case of very good conduct in jail for 12 years, their cases will be considered after 12 years of actual imprisonment including undertrial/ detention period.

(b) Juvenile life convicts below the age of 18 years at the time of commission of offence and female life convicts.

(d) Adult life convicts involved in heinous crimes such as dowry deaths, bride burning, husband killing and cases disclosing great depravity of character and greed and those involving extreme brutality, murder with rape, murder while undergoing life sentence, organized and professional crimes of heinous nature like dacoity with murder and life convicts, who are dangerous and hardened criminals as evidenced for example from cumulative sentences, persistent bad conduct in the prison and those who could not for some definite reasons be prematurely released without danger to public safety.

After undergoing 14 years actual detention including undertrial/ detention period.

(e) Persons sentenced to life imprisonment inclusive of those convicted of crimes under (d) above and in whose cases death sentence has been commuted to life imprisonment but who are suffering from terminal illness like cancer or tuberculosis likely to result in death in the near future.

Their cases may be considered after completion of 20 years of actual sentence and 25 years total sentence with remissions.

Their cases may be considered after completion of 14 years of actual sentence including their trial period, provided that the total period of such sentence including remissions is not less than 20 years."

There may not be any dispute with regard to the said proposition of law. But herein we are concerned with the right of the respondents to be considered for remission and not what should be the criteria when the matter is taken up for grant thereof.

36. We are, therefore, of the opinion that the High Court might not be correct in holding that the State has no power to make any classification at all. A classification validly made would not offend Article 14 of the Constitution of India. We, thus, although do not agree with all the reasonings of the High Court, sustain the judgment for the reasons stated hereinbefore.

It appears that during pendency of the Special Leave, Respondent Nos. 6 and 11 have already been directed to be released. No order, therefor, is required to be passed in their case. So far as the cases of other respondents are concerned, the same may be considered by the appropriate authority in the light of the observations made hereinabove.

37. The appeals are dismissed with the aforementioned observations. In view of the findings aforementioned, it is not necessary to pass any order in the contempt matter. The contempt application is dismissed. No costs.