Mithu Singh vs State of Punjab

S.S. Sodhi, J. (Oral)

The prayer here is for the premature release of the petitioner Mithu Singh who was sentenced to imprisonment for life by the order of the Sessions Judge, Bhatinda of August 20, 1977. Since then the petitioner has served over 81/2 years of. his substantive sentence beside the remissions earned.

2 The petitioner had earlier filed Criminal Writ Petition 211 of 1986, with the same prayer. This matter was disposed of by Pritpal Singh, J., on August 3, 1986 with the direction that the case of the petitioner be reconsidered by the State Government. On such reconsideration the prayer of the petitioner for premature release has again been declined by the State government and this is what led to the filing of the present writ petition.

The reasons for declining the petitioner''s prayer for premature release are set forth in the order of the Government of Punjab (Annexure P/1), the relevant part of which reads as under :

"The record of the convict Mithu Singh has been carefully examined. The report of the District authorities has also been considered. The convict is stated to be a dangerous character. He had been undergoing life imprisonment on four counts under Section 302 of the Indian Penal Code. So his premature release is likely to prove hazardous to peace and tranquility in the locality. There are no other extenuating circumstances or other compassionate grounds to warrant his premature release. It would not be in public interest to release such a person prematurely. Government after consideration of the relevant material is satisfied that it is not a fit case where remission should be granted at this stage."

A reference to the record would show that no material has been put forth to show the basis of the opinion formed by the State Government regarding the premature release of the petitioner that it was likely to prove hazardous to peace and tranquility in the locality. A bald statement to this effect cannot be countenanced in such cases. It is also pertinent to note that the petitioner has been on bail under the orders of this Court since November 5, 1985 and there is nothing to suggest that he has in any manner abused the concession of bail granted to him or that his being at liberty has in any manner proved hazardous to peace and tranquility. It appears that this aspect of the matter was not even considered by the State Government while declining his prayer for premature release. Such being the circumstances here a direction is hereby issued to the State Government to forthwith grant the petitioner''s prayer for premature release after complying with the due formalities. This petition is accordingly hereby accepted.

Revision accepted.