Per Kuldip Singh, J.-This judgment shall dispose of Cr. W.P. No. 2 of 2007 and Cr. W.P. No.3 of 2007 as identical question of law is involved in both the petitions. In Cr. W.P. No. 2 of 2007, ten prisoners and in Cr. W.P. No.3 of 2007, two prisoners submitted representations to Hon’ble the Chief Justice of this Court. On the basis of the aforesaid representations, this Court took suo motu cognizance of the question raised by the prisoners in the two representations and, therefore, two writ petitions came to be registered. Mr. Suneel Mohan Goel, Advocate was appointed Amicus Curie in both the writ petitions. Thereafter the petitions were amended. In view of common question of law involved in the two petitions, we are giving facts from Criminal Writ Petition No. 2 of 2007.

2. The case of the petitioners is that sub section (3) of Section 3 of the Himachal Pradesh Good Conduct Prisoners (Temporary Release) Act, 1968 (for short ‘Act’) to the effect that the period of release under said section shall not count towards total period of sentence of a prisoner is bad in law and the same is contrary to law laid down by the Supreme Court in Sunil Fulchand Shah Vs. Union of India 2000