UMESH CHANDRA SRIVASTAVA,J. - (1.) The present writ petition has been filed with the prayer to issue order or direction in the nature of - "(a) Mandamus directing the respondents to release the petitioner forthwith considering his old age, chronic illness and long detention in jail. (b) Certiorari quashing the order dated 12.11.2012 (the rejection of his premature release on license i.e. Form-A), the order dated 22.04.2016 (the rejection of his Nominal Roll under section 432 of Cr.P.C., 1973), the order dated 01.01.2014 (the rejection of his mercy petition) passed by respondent no.1 rejecting the matters of premature release of the petitioner. (c) Any other writ, order or direction which this Hon'ble Court may deemed fit and proper in the facts and circumstances of the case. (d) To award the cost of this writ petition to the petitioner."
(2.) Facts giving rise to writ petition in brief are that on 01.02.1989 an incident of grave rioting took place in village Shakhni within the limits of P.S. Jahangirabad, District Bulandshahar in which 11 people lost their life and many others including a police constable injured. Twenty one accused persons including the petitioner were tried for the said incident for the offences punishable under sections 148/302/149/307/149 and 332/149 I.P.C. and section 25 Arms Act. In the said Sessions Trial, 04 accused persons were acquitted and the remaining 17 accused persons including petitioner were connected and out of them while 11 accused persons were awarded with life imprisonment, the remaining 06 accused persons including petitioner were awarded the death penalty by the trial court. The convicted accused persons preferred criminal appeals against the judgement and order of conviction and sentence to this Court. The trial Judge had also made a reference to this court for confirmation of capital sentence awarded to six accused persons. The State had also filed two appeals, one against the order of acquittal of 04 accused persons and the other for the enhancement of life imprisonment of 11 accused persons to the death sentence. In the said criminal appeals while two accused persons namely Vilayat Hussain and Ali were acquitted, the conviction of remaining 15 accused persons, including the petitioner was confirmed, however the capital sentence of 05 accused persons was modified to the life imprisonment, but the capital sentence of the petitioner was upheld. Petitioner had preferred a Criminal Appeal being Criminal Appeal No. 887 of 1994, against the order of this Court in the Apex Court titled as Shamshul Kunwar v. State of U.P. This appeal was decided on 04.05.1995 by the Apex Court and while the order of conviction was upheld the capital sentence of the petitioner was reduced to imprisonment for life.
(3.) After having served about 20 years in jail, petitioner applied for his premature release on Form-A under section 2 of the U.P. Prisoners Release On Probation Act, 1938. When his representation for premature release was not decided by the respondents he filed a Criminal Misc. Writ Petition no. 21417 of 2010 for his premature release which was disposed of by this Court vide order dated 19.11.2013 and respondents were directed to decide the petitioner's representation for his premature release under the various provisions of law. However, when despite the aforesaid direction of this Court the premature release was not considered by the respondent, petitioner filed another writ petition (criminal) no. 187 of 2015 before the Apex Court which was decided on 06.11.2015 by the Apex Court and respondents were directed to decide the petitioner's representation for his premature release within a period of three months treating the writ petition filed in the Apex Court as his representation. Copies of order dated 19.11.2013 of this Court passed in criminal misc. writ petition no. 21417 of 2010 and order dated 06.11.2015 of the Hon'ble Apex Court passed in writ petition (Criminal) no. 187 of 2015 are annexed as Annexure nos. 1 and 2 to the writ petition.;