- (1.) This Court has been regularly receiving petitions from prisoners-convicts in various jails in the States of Punjab, Haryana and Union Territory, Chandigarh for premature release. In the instant petitions, questions raised are common; therefore, I propose to dispose of by a common judgment. The common issue is the claim of pre-mature release of petitioners, undergoing sentence of life imprisonment in prisons in the State of Punjab, on the strength of advice of the Advisory Board constituted by the State under the Punjab Jail Manual. If the Advisory Board of the State advises to the State Government to release the prisoners prematurely in the normal course the State accepts their recommendations and release the prisoners pre-maturely. The question in the present petitions is whether that benefit would be available to the petitioners convicted by Courts outside the State but transferred to the State of Punjab. This issue has been raised in both the petitions.
(2.) In Crl. Writ Petition No. 1620 of 2011, petitioner-prisoner was convicted by a Court of Designated Judge, Mirzapur at Ahmedabad (Rural) under Sections 3(3) and 5 of the Terrorist and Disruptive Activities (Prevention) Act, 1987 (hereinafter referred to as the "TADA Act") for life imprisonment, under Section 120-B IPC for ten years RI and under Section 25 of the Arms Act for 7 years RI and had been transferred to prison in State of Punjab under the Transfer of Prisoners Act, 1950.
(3.) In Crl. W. P. No. 1586 of 2011, petitioner-prisoner was convicted and sentenced by a Court of Sessions Judge at Pilibhit (Uttar Pradesh) under Section 3 of the TADA Act and sentenced to undergo rigorous imprisonment for life, under Section 4 of the TADA Act RI for 5 years and RI for life under Section 120-B IPC and had been transferred to the prison in the State of Punjab under the Transfer of Prisoners Act, 1950.;