NORMAN FERNANDES Vs. STATE OF GOA

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India impugns, (i) decision of the High Powered Committee, taken at its meeting on 23/6/2022, not to extend the period of Petitioners' release on parole, (ii) orders all dtd. 24/6/2022 directing the Petitioners to surrender to custody on 4/7/2022 with all legal effects and consequences and (iii) to direct the Respondents to extend the period of Petitioners' release on parole in terms of order dtd. 16/7/2022 of the Hon'ble Supreme Court in Suo Motu Writ Petition (C) No.1/2020.

(2.) Pursuant to order dtd. 23/3/2020 of the Hon'ble Supreme Court of India, passed in Suo Motu Writ Petition (Civil) No.1/2020 in reference contagion of Covid-19 virus in prisons, the High Powered Committee constituted vide order dtd. 9/1/2019, convened meetings from time to time. Pursuant to decisions taken in these meetings, the convict prisoners were released from the Central Jail. Whereafter, during the 6th meeting held on 20/10/2020, the High Powered Committee took a decision to call back all the convict prisoners who were out on Covid Parole in two phases.

(3.) Due to rise in Covid-19 cases in the Country in the year 2021, the Hon'ble Supreme Court of India, by its order dtd. 7/5/2021, directed the High Powered Committee constituted in various States to release all its inmates who had been released earlier pursuant to order dtd. 23/3/2020. Accordingly, the High Powered Committee in its meeting held on 10/5/2021, granted parole to 65 convict prisoners on the ground of Covid-19 pandemic which also included new prisoners who were eligible for release. The minutes of the meeting of the High Powered Committee placed before us, show that committee met on 24/05/2021, 11/06/2021, 04/08/2021, 25/08/2021, 04/10/2021 and 25/10/2021 to decide on extension of Covid Parole granted to convict prisoners from time to time.