Shiromani Gurudwara Prabandhak Committee vs State of Haryana

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(P&H) 802

SHEEL NAGU, ANIL KSHETARPAL
Shiromani Gurudwara Prabandhak Committee – Appellant
Versus
State of Haryana – Respondent

Advocates Appeared:
Mr. P.S.Hundal, Senior Advocate with Mr. Gursahib Singh Hundal, Advocate, Mr. Robindeep Singh Bhullar, Advocate, Mr. Jasjit Singh Brar, Advocate, Ms. Arshdeep Kaur, Advocate; For the Petitioner
Mr. Baldev Raj Mahajan, Advocate General, Haryana with Mr. Pawan Girdhar, Addl. Advocate General, Haryana for the State of Haryana.
Mr. S.P. Jain, Addl. Solicitor General of India with Mr. Dheeraj Jain, Senior panel counsel for Govt, of India.
Mr. Anurag Chopra, Addl. Advocate General, Punjab with Mr. Salil Sabhlok, Sr. Deputy Advocate General, Punjab for the State of Punjab.
Ms. Tanu Bedi, Amicus Curiae (through v.c.) with Mr. Akhil Dadwal, Advocate and Ms. Pooja Dahiya, Advocate.
Mr. R.S.Rai, Senior Advocate, Mr. Chetan Mittal, Senior Advocate, Ms. Sonia Mathur, Senior Advocate with Mr. Gautam Dutt, Advocate, Mr. Anurag Arora, Advocate, Ms. Rubina Virmani, Advocate, Ms. Radhika Mehta, Advocate, Mr. Harish Chhabra, Advocate, Mr. Amar D.Kamra, Advocate, Mr. Mayank Aggarwal, Advocate, Mr. Aman Jha, Advocate, Mr. Farhad Kohli, Advocate and Mr. Jitender Khurana, Advocate, for Respondent No

JUDGMENT

Sheel Nagu, C.J.

This petition under Article 226 of the Constitution of India is filed by Shiromani Gurudwara Prabandhak Samiti, which is a statutory body constituted under the Sikh Gurudwaras Act, 1925.

2. The alleged public cause raised herein is that the State of Haryana while granting temporary release to respondent No.9 is misusing its powers under Section 11 of the Haryana Good Conduct Prisoners (Temporary Release) Act, 2022 (for brevity 'the Act of 2022'). It is contended that respondent No.9, who is suffering multiple sentences including that of life for committing grave offences such as murder and rape, if released, would jeopardize the sovereignty and integrity of India and adversely affect public order. It is contended that respondent No.9 is a hardcore criminal and yet the State of Haryana merely to favour the said respondent has granted temporary release by way of parole vide Annexure P-1 dated 20.01.2023 for a period of 40 days subject to certain conditions contained therein.

2.1 Besides the aforesaid ground, another ground raised by learned senior counsel for the petitioner is that for grant of parole to respondent No.9, the Act of 2022 is inapplicable. Inste