SHIV KUMAR Vs. LT. GOVERNOR

JUDGEMENT

(1.) Present writ petition has been filed under Article 226 of the Constitution of India read with Section 482 of Cr.P.C. challenging the constitutional validity of Rule 2(30) read with Rule 1252(a) of Delhi Prison Rules, 2018 which came into effect on 01st November, 2018 (hereinafter referred to as the "Rules 2018") on the ground that they are based on two erroneous legal opinions dated 01st July, 2013 and 18th May, 2018 of the Law and Justice Department, Govt. of NCT of Delhi.

(2.) Learned counsel for the petitioner submits that the Department of Law and Justice has misconstrued expression "multiple murders" to mean murder of more than one person. He points out that the Department of Law and Justice, Govt. of NCT of Delhi has given its opinion relying upon judgment of the Madras High Court in "Anbarasu v. DSP Nagercoil ". He emphasises that in the said opinion it had been stated that the High Court in the said case had used the expression "multiple murders" to mean murder of more than one person. He clarifies that actually in the said case, three persons had been murdered and not two.

(3.) This Court is of the view that the application made for remission by the petitioner has to be decided in accordance with the extant Rules 2018 as these are the Rules that are prevalent on the date the petitioner's application for remission has to be considered. The definition of "multiple murders" under the extant Rules 2018 means "murder of more than one person either in Single FIR or Multiple FIRs" and the said rule is not based on the impugned opinions.