OM PRAKASH CHAUTALA Vs. STATE

JUDGEMENT

(1.) Present petition has been filed by the petitioner seeking issuance of a writ in the nature of habeas corpus and a direction to set aside the order dated 3rd April, 2019 passed by the respondent-State whereby his case for early release was rejected. The petitioner further seeks a direction that he is entitled to an early release on the ground that he qualifies under clause (c) and (d) of Special Remission Notification dated 18th July, 2018 issued by Government of India. BRIEF FACTS

(2.) Since the respondent-State had not considered petitioner's application dated 6th December, 2018 for special remission, the petitioner had filed an earlier writ petition being W.P. (Crl) 550/2019, which was disposed of by the learned predecessor Bench of this Court vide order dated 20th February, 2019 with a direction to the respondent-State to determine the representation of the petitioner for special remission as expeditiously as possible and positively within a period of four weeks.

(3.) Thereafter, petitioner's application for special remission was rejected vide order dated 03rd April, 2019 by respondent-State under the signature of Deputy Secretary (Home). The relevant portion of the said order is reproduced hereinbelow:-