S.S.NIJJAR, J. - (1.) THIS order will dispose of Crl. Misc. 25903-M of 1998 and Crl. Misc. 25907-M of 1998. These two petitions have been filed under Section 482 of the Code of Criminal Procedure read with Articles 226/227 of the Constitution of India seeking the issuance of an appropriate writ quashing the orders dated 26.8.1998/26.6.1998, Annexure P4, to Crl. Misc. 25903-M of 1998 and order dated 26.8.1998, Annexure P4, and 12.10.1998, Annexure P5, to Crl. Misc. 25907-M of 1998, declining the premature release case of the petitioners. The petitioners father seek a direction to the respondents to consider and decide their cases for premature release as per instructions dated 28.11.1977/27.2.1984, Annexure P2, which were applicable on the date of the conviction of the petitioners.
(2.) THE undisputed facts of the two petitions are that FIR No. 128 dated 14.8.1976 was registered against the petitioners, under Sections 148, 302/149. 307/149, 324/149 and 323/149 of the Indian Penal Code at Police Station Samalkha, District Karnal (now Panipat). The petitioners were arrested on 15.8.1976. They were convicted and sentenced to undergo imprisonment for life. The petitioners were convicted on 6.12.1977 and were sentenced on 9.12.1977. After serving the necessary sentence the case of the petitioners was to be considered for premature release under the instructions issued by the State of Haryana. The necessary instructions were issued by the State of Haryana on 28.11.1977 which were subsequently clarified on 21.10.1984. The relevant portion of the instructions is reproduced as under : "Sub : Premature release of life convicts. Reference your Memo No. 3278/GI/G-3 dated 21.2.1984 on the subject noted above. The Haryana Government vide letter No. 7483/2JJ/77/30099 dated 28.11.1977 had directed that cases of life convicts of the following two categories be put up to the State Level Committee for review of their premature release and final decision of the State Government thereon. The categories are :- 1. Adult male life convicts After completion of 8-1/2 years of substantive sentence and 14 years sentence including remission. 2. Female and Juvenile life convicts who were below 20 years of age of the time of commission of offence. After completion of 6 years of substantive sentence and 10 years sentence including remission. In this connection it is clarified that the instructions contained in the aforesaid memo are not applicable to life convicts whose death sentence has been commuted to life imprisonment by the President of India or by the Governor of a State on acceptance of mercy petitions. The cases of these life convicts for their premature release continue to be considered on basis of the guidelines as envisaged in the Government Policy decision dated 12.12.1967 which are reproduced below: i. The adult male life convicts whose death sentence has been commuted to life imprisonment. After completion of 14 years of substantive sentence. ii. The female and Juvenile life convicts who were below 22 years of age at the time of commission of offence and whose death sentence has been commutedto life imprisonment. After completion of 10 years substantive sentence. You are, therefore, requested that this clarification may be brought to the notice of all Jail Superintendents in the Haryana and they may be asked to act according to this clarification meticulously and submit the cases of the life convicts for consideration of their premature release accordingly."
(3.) A perusal of the instructions reproduced above makes it clear that the premature release case of the petitioners, they being adult male life convicts, was to be considered on their completion of 8-1/2 years of substantive sentence and 14 years sentence including remission. It is not disputed that both the petitioners have completed 8-1/2 years of substantive sentence and 14 years sentence including remission.;