HEMANT GUPTA, RAJ RAHUL GARG
Vakil Raj – Appellant
Versus
State of Haryana – Respondent
Mr. Hemant Gupta, J.: - This order shall dispose of aforementioned two criminal writ petitions challenging the legality and validity of definition of “Hardcore prisoner” as inserted in the Haryana Good Conduct Prisoners (Temporary Release) Act, 1988 (for short ‘the Act’). The Act was enacted to regulate the right of the convicts for release on parole or furlough.
2. Initially Clause (aa) was inserted in Section 2 by Haryana Good Conduct Prisoners (Temporary Release) Amendment Act 2012. The definition as inserted reads as under: “(aa) ‘hardcore prisoner’ means a person, who –
(i) has been convicted of dacoity, robbery, kidnapping for ransom, murder with rape, serial killing, contract killing, murder or attempt to murder for ransom or extortion, causing grievous hurt, death or waging or attempting to wage war against Government of India, buying or selling minor for purposes of prostitution or rape with a woman below sixteen years of age or such other offence as the State Government may, by notification, specify; or;
(ii) during any continuous period of five years has been convicted and sentenced to imprisonment twice or more for commission of one or more of offences mentioned
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