VIKAS YADAV Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) The present petition under Article 226 of the Constitution of India assails the order dated 15th January, 2016 rejecting the petitioner's representation for grant of parole and seeks a direction in the nature of mandamus to the competent authority to release him on parole.

(2.) Mr. Rajesh Mahajan, learned Additional Standing Counsel (Crl.) appearing on behalf of the official respondent has raised a preliminary objection with regard to the maintainability of the present petition predicated on the ratio of a judgment rendered by a Constitution Bench of the Supreme Court of India in K.M. Nanavati vs. State of Bombay (now Maharashtra) reported as AIR 1961 SC 112. In paras 18, 19, 21, 23 and 25 of the said report, the Supreme Court observed as follows: -

(3.) Mr. Mahajan would urge that in view of the ratio in K.M. Nanavati (supra), which has been followed by a Full Bench of the Rajasthan High Court in Ramesh Kumar vs. State of Rajasthan & Ors. reported as 2013 Criminal Law Journal 2376¸ no representation for grant of parole can be entertained by the executive during the period the Supreme Court is in seisin of an appeal filed by the convict in that case.