Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(SC) 268

SUPREME COURT OF INDIA
M.R. SHAH, C.T. RAVIKUMAR, JJ.
Anil Kumar – Petitioner
Versus
State of Haryana and Others – Respondents
Writ Petition (Crl.) No. 46 of 2022
Decided On : 24-03-2023

Advocates appeared:
For the Petitioner(s): Mr. Satya Mitra, AOR Ms. Ritu Kumar, Adv. Ms. Mugdha, Adv.
For the Respondent(s): Ms. Bansuri Swaraj, A.A.G. Dr. Monika Gusain, AOR

IMPORTANT POINT
Parole – Period of release on parole shall not be counted for the purpose of considering actual imprisonment and said period of parole has to be excluded.

Headnote:
Criminal Procedure Code, 1973 – Section 432 – Haryana Good Conduct Prisoners (Temporary Release) Act, 1988 – Section 3(3) – Indian Penal Code, 1860 – Sections 302/34 – Parole – Computation of total period of sentence of convict prisoner – Period of release on parole shall not be counted for the purpose of considering actual imprisonment and said period of parole has to be excluded – When petitioner has been convicted for offences under Sections 302/34 of IPC and sentenced to undergo life imprisonment, he has to undergo said sentence actually subject to any rule/policy in respect of remission and period during which he is released on emergency/interim parole has to be excluded for the purpose of actual imprisonment – Under the circumstances, petitioner is not entitled to claim any relief prayed in instant writ petition. (Paras 5.2 and 6)
Facts of the case:
Short question which is posed for the consideration of this Court is whether a convict/prisoner who has been released on temporary parole/emergency parole, pursuant to the decision of the High-Powered Committee constituted as per the orders passed by this Court in SWM (C) No. 1/2020, such parole period shall be counted towards total period of sentence of the convict – prisoner?
Findings of Court:
Under the circumstances, the petitioner is not entitled to claim any relief prayed in the instant writ petition. Under the circumstances, the present petition lacks merits and the same deserves to be dismissed and is accordingly dismissed.
Result : Petition dismissed.

JUDGMENT :

M.R. SHAH, J.

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 dated 09.05.2021 constituted as per this Court’s order dated 23.03.2020 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 Section 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 09.05.2021, 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.

2.1 It is submitted that so far as some of other States are concerned, the period of release on interim parole has been directed to be counted towards the total period of sentence of the convict/prisoner.

2.2 It is further submitted by learned counsel appearing on behalf of the petitioner that if the petitioner would not have been released on interim parole and would have undergone the sentence in that case after certain period of sentence he would have been entitled to the remission. It is further submitted that as the petitioner was released on interim parole and if the said period is not counted towards the total period of sentence in that case his right to claim the remission would further be extended which may be detrimental to the interest of the petitioner.

2.3 Making the above submissions, it is prayed to issue the writ for which it is prayed for.

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

3.1 It is vehemently submitted by learned counsel appearing on behalf of the State that in the present case the petitioner-convict has been convicted for the offences under Sections 302/34 of IPC and sentenced to undergo life imprisonment. It is submitted that the conviction and sentence awarded by the learned Trial Court has been upheld up to this Court and the SLP has been dismissed. It is submitted that therefore, the petitioner has to undergo the life imprisonment in accordance with law and the sentence imposed by the learned Trial Court.

3.2 It is submitted that thereafter, the petitioner has been released on emergency parole/temporary parole pursuant to the decision of the High-Powered Committee constituted as per the directions issued by this Court in SWM (C) No. 1/2020, due to the Covid-19 pandemic. It is submitted that while granting the temporary parole/emergency parole initially the High-Powered Committee in the minutes of the meeting held on 12.11.2020 specifically observed in paragraph 4 that no specific directions for not counting period of special parole towards sentence are required to be made in view of statutory provisions and authorities are directed to decide the said issue in accordance with statutory provisions. It is submitted that as per Section 3(3) of the Act, 1988, the period of temporary release/parole shall not be counte

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