ANIL KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) By way of this writ petition filed under Article 32 of the Constitution of India, the petitioner - convict in the State of Haryana has prayed for order or direction of quashing and setting aside the decision of the High-Powered Committee dtd. 9/5/2021 constituted as per this Court 's order dtd. 23/3/2020 passed in Suo-Moto W.P. (C) No. 1/2020, in so far as it states that the period of release on interim parole shall not be counted towards the total period of the sentence of the convict prisoner.

(2.) Ms. Ritu Kumar, learned counsel appearing on behalf of the petitioner has vehemently submitted that the petitioner was released on emergency parole pursuant to the decision taken by the High-Powered Committee constituted as per the directions issued by this Court in SWM (C) No. 1/2020. It is submitted that this Court as such directed in the subsequent orders that those convicts who were released on emergency parole earlier pursuant to the decision of the High-Powered Committee shall not be asked to surrender until further orders. It is submitted that therefore, the petitioner was released pursuant to the decision of the High-Powered Committee and not on any application made by the petitioner and/or under Sec. 3(3) of the Haryana Good Conduct Prisoners (Temporary Release) Act, 1988 (hereinafter referred to as the Act, 1988). It is submitted that therefore, subsequently in its meeting held on 9/5/2021, the High-Powered Committee could not have taken the decision that the period of release on interim/special parole shall not be counted towards the total period of the sentence of the prisoner/convict.

(3.) Present writ petition is vehemently opposed by Ms. Bansuri Swaraj, learned AAG appearing on behalf of the State.