JAI SINGH, SEKHON, J. - (1.) THE mercy petition of Balkar Singh prisoner for premature release under Article 161 of the Constitution of India was dismissed by the State Govt. vide its order dated 3.9.1989 Annexure P-5 on the ground that the land dispute which led to the commission of the murder is still subsisting between the parties and there is strong apprehension of breach of peace again, if the detenu is released prematurely. The commission of the murder after premeditation also weighed with the concerned authorities.
(2.) THE petitioner has invoked the jurisdiction of this Court under Articles 226 and 227 of the Constitution of India contending that the mercy petition was rejected by the State Govt. on extraneous considerations than the one embodied in the instructions of the State Govt. issued from time to time in this regard. It is also maintained that the detenu has undergone more than 8-1/2 years of actual imprisonment besides having undergone more than 14 years including remissions. In the return filed by the respondent-State it is maintained that the mercy petition of the detenu was rightly rejected by the State although he has undergone 9 years 11 months and 22 days of actual sentence uptill 27-11-1989 and more than 17 years including remission. It is further averred that the detenu is not entitled to premature release on compassionate grounds as there are other adult members in the family to look after the domestic affairs. The apprehension of breach of peace to the opposite faction of the detenu as stated in the above referred rejection order Annexure P-5 is also reiterated.
(3.) I have heard the learned counsel for the parties.;