RANJAN GOGOI, C.J. - (1.)THE only question referred to us by the learned Single Judge is whether the Punjab Grant of Remission of Punishment Policy, 2010 is prospective or retrospective. In the exercise of our referral jurisdiction care and caution must be taken to only answer the question referred and not to express any opinion on the merits of the controversy which will have to be decided by the learned Single Judge in the writ petition.
(2.)WE have perused the Government Notification dated 30.09.2010 by which the said policy has been promulgated. WE have also perused the order dated 16.09.2010 passed by a Division Bench of this Court in Civil Writ Petition No. 20241 of 2008 "Court on its own motion V. State of Punjab and others" wherein the Court had directed for strict implementation of the said policy.
Having perused the terms of Government Notification dated 30.09.2010 and also the order of this Court dated 16.09.2010 we are of the view that the policy in question cannot be understood to have any retrospective effect and must be interpreted to mean that the same is prospective in operation. This is clear from the notification which makes the policy effective "with immediate effect" i.e. from the date of publication of the Notification (30.09.2010) and also from the basic principle of law that the benefits already accrued or conferred cannot be taken away by giving retrospective operation to a Rule/Notification unless there is a clear intent to do so which is clearly absent in the notification dated 30.09.2010. Having answered the question referred to us in the above manner we remit all the aforesaid criminal writ petitions to the learned Single Judge for adjudication on merits.