Raja vs Government of Haryana

H.S. Bedi, J.

The petitioner along with 11 coaccused were convicted for offences under section 302 etc. IPC, on 15th January, 1983. As of today, the petitioner has admittedly undergone 13 years 8 months and 20 days actual sentence and a total sentence 19 years 5 months and 27 days. The case of the petitioner is that his case was covered under subparagraph 2 (b) of the Instructions of 1991 and as such he was entitled to be released prematurely on the completion of ten years of actual sentence and 14 years with remissions, the period which he has already undergone. The petitioner has also averred that two of his coaccused namely, Dessi and Billu had already been ordered to be released by this Court in Crl. Misc. No. 8119M of 1992 and Cri. Misc. No. 6120M of 1992. The case of the petitioner was also considered, but the State Level Committee was of the opinion that as the crime committed by the petitioner was a heinous one, his case was covered under paragraph 2 (a) of the instructions and, as such, he was liable to be considered for premature release only after having completed 14 years of actual imprisonment and 20 years with remissions. The State Level Committee accordingly vide Annexure R3 rejected the case of the petitioner. This action of the respondent has been impugned in this petition.

In the reply filed by the respondent, the reasons that persuaded the State Level Committee to take the aforesaid decision have been reiterated.

After hearing learned counsel for the parties, I find that this petition deserves to succeed. The Instructions of 1991 have been reproduced hereunder :

"2(a) Convicts whose death sentence has been committed to life imprisonment and convicted who have been imprisoned for life for having committed a heinous crime, such as murder with wrongful confinement for extortion/robbery, undergoing murder with rape, murder while undergoing life sentence, murder with dacoity, murder under T.D. Act, 1987, murder with Untouchability (offences) Act, 1955 murder in connection with dowry, bride burning, murder of handicapped or pregnant woman, murder of a child under the age of 14 years or murder after abduction or kidnapping, murder on professional/hire basis, murder exhibiting brutality such as cutting the body into pieces or burning/dragging the body as evident from judgment of sentence, persistent bad conduct in the prison and those who cannot for some definite reasons be prematurely released without danger to public safety, or convicts who have been imprisoned for life under Section 120B of IPC or life convicts who have been awarded life imprisonment a second time under NDPS Act or life convicts who have been imprisoned for life second time under any offence." Their case may be considered after completion of 14 years actual sentence including undertrial period and after earning at least 6 years remission.

A reading of the aforesaid paragraph would indicate that the State Government has itself made a distinction between the crimes which are repugnant to the conscience and to the others. It will be seen that paragraph 2(a) pertains to such murders where the motive for the murder is a base one or the actual perpetration of the crime is in a cruel manner whereas the other categories of murder fall within paragraph 2(b) of the Instructions. It will be seen from Annexure R2, which is a decision of the State Level Committee that the petitioner along with 11 coaccused committed the murder of the two persons in an open fight and in a preplanned manner when the deceased were working in the field. The State Level Committee has not given any finding that the manner of the motive behind the crime was particularly reprehensible. Moreover, the High Court in the case of this two coaccused, referred to above, has already recorded that the crime committed by the petitioner and the coaccused fell within paragraph 2(b). The action of the respondent therefore, in declining to release the petitioner prematurely cannot be sustained.

For the reasons recorded above, the present petition is allowed and a direction is issued to the respondents to release the petitioner forthwith on the usual terms and conditions.