S.C.Mittal, J. - (1.) The crucial point for determination in this habeas corpus petition is, whether the instructions dated 6th August, 1971, issued by the Government of the State of Punjab relating to the premature release of a life convict are valid.
(2.) Ajit Singh, a convict under section 302, Indian Penal Code, who has been serving the sentence of life imprisonment since 7th June, 1975, has prayed for a direction to the Superintendent District Jail, Gurdaspur (respondent No.2) to submit his case through the Inspector General of Prisons, Punjab for his premature release by the State Government of Punjab (respondent No.1).
(3.) The relevant part of para 516- B of the Punjab Jail Manual is in the following terms: 516-B(l) With the exception of females and of males who were under 20 years of age at the time of commission of offence, the case of every convicted prisoner sentenced to: (i) Imprisonment is for life (ii) (a) a single sentence of more than 20 years a. who has undergone a period of detention in jail amounting together with remission earned to 14 years, shall be submitted through the Inspector General of Prisons, Punjab for the orders of the State Government. The learned counsel for the parties are agreed that the premature release of a life convict envisages two stages: (iii) forwarding of the case of a lifer for the order of the State Government; and (ii) consideration of the lifers case by the State and the order passed thereon. The instant case admittedly falls in the first category. Now the question to be determined is, whether Ajit Singh petitioner satisfies the requirement for the forwarding of his case to the State Government.;