Anita Chaudhry, J. - (1.) THROUGH the instant criminal writ petition filed under Article 226 of the Constitution of India, the petitioner has sought quashing of order dated 13.11.2013 (Annexure P -2), whereby his case for premature release, has been declined.
(2.) THE brief facts may now be unfolded. The petitioner was arrested in case FIR No. 249 dated 04.11.2000, under Section 302 IPC, Police Station Sadar Hoshiarpur, for having committed the murder of his own son, aged two years. The trial culminated into his conviction and he was awarded life imprisonment vide judgment dated 11.10.2001. With the plea that he has undergone more than 12 years of actual sentence and more than 19 years and 06 months with remissions, he sought his premature release. His case was recommended by the authorities. The State Government though admitted the custody period of the petitioner, but declined the relief sought by him vide the impugned order (Annexure P -2), by observing as under: - 4. Whereas kidnapping and murdering of his own 02 years son is a heinous, inhuman and a bristle (?) crime committed by the prisoner and it creates bad impact on the entire society, if such life convict is released on premature release on sympathetic grounds that too prior to completion of punishment awarded by law then other persons living in the society with same attitude, shall get encouragement to commit similar crimes. Therefore, the premature release case of the prisoner Kewal Krishan son of Sh. Swaran Singh son of Swaran Chand, Borstal Jail, Ludhiana after considering all the aspects is rejected by the Hon'ble Governor, Punjab in exercise of his powers under Article 161 of the Constitution of India. The aforesaid view of the competent authority is under challenge in the instant criminal writ.
(3.) UPON notice, Superintendent, Borstal Jail, Ludhiana has filed the reply, wherein it has been averred that the case of the petitioner was considered under subsequent instructions dated 08.08.2011 and was rightly rejected as it is the prerogative of the Government to release the convict prematurely. It has been admitted that the petitioner is not involved in any other case and his work and conduct as an inmate remained satisfactory throughout and he has not committed any jail offence. The custody certificate (Annexure R -2) shows that he has undergone actual sentence of more than 13 years and more than 21 years of sentence, including remissions and parole as on date.;