MURARI LODH Vs. AWANISH KUMAR AWASTHI

JUDGEMENT

(1.) An affidavit has been filed by the Additional Chief Secretary (Home), Home Department of the Government of UP dtd. 12/7/2022. The affidavit clarifies that out of a total of 111 convicts covered by the group of six contempt petitions, orders for premature release have already been issued in 98 cases after a decision was taken at the competent level. The status pertaining to 111 cases is compiled in Annexure I to the affidavit. As regards the remaining 13 convicts (111 minus 98), the position has been clarified in the affidavit in the following terms:

(2.) We issue the following directions:

(3.) Ms Anu Gupta, counsel appearing on behalf of the petitioners has adverted to serial number 58 of Annexure I to the affidavit filed by the Additional Chief Secretary. Serial number 58 refers to a convict by the name of Shiv Kumar, son of Ram Dulare, who is stated to have been released on 6/5/2021. Counsel states that her instructions are that another convict by the same name, who is aged about 70 years, was released, but her instructions are that Shiv Kumar, son of Ram Dulare is yet to be released, contrary to the status report, which indicates that he was released on 6/5/2022. The competent authority shall duly verify the factual position and if no decision has been taken yet on the premature release of Shiv Kumar, son of Ram Dulare (at serial number 58 of the Annexure I), necessary action shall be taken within a period of four weeks by the government.