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2024 Supreme(P&H) 802
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SHEEL NAGU, C.J., ANIL KSHETARPAL, J.
Shiromani Gurudwara Prabandhak Committee – Petitioner
Versus
State of Haryana & Ors. – Respondents
CIVIL WRIT PETITION-PIL NO. 11 of 2023 (O&M)
Decided On : 09-08-2024
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
The Haryana Good Conduct Prisoners (Temporary Release) Act, 2022 governs parole applications made after its enactment, irrespective of the timing of the underlying offences.
Headnote:(A) Haryana Good Conduct Prisoners (Temporary Release) Act, 2022 - Section 11 - The petition challenges the temporary release of a convict under the Act of 2022, arguing that the earlier Act of 1988 should apply instead. The court finds that the Act of 2022 governs the process for temporary release and is applicable to applications made after its enactment. (Paras 3.4, 3.7)
(B) Public Interest Litigation - The court refrains from commenting on the merits of the case as the parole period has expired, rendering the challenge infructuous. Future applications for temporary release must be considered strictly under the Act of 2022. (Paras 4.1, 6)
Facts of the case:
The petitioner contends that the State misused its powers in granting parole to a convict serving multiple sentences for serious crimes, arguing that the Act of 2022 is inapplicable. (Paras 2, 3)
Findings of Court:
The court concludes that the Act of 2022 was correctly applied in granting parole to the convict, and the challenge to the order has become infructuous. (Paras 3.7, 4.1)
Issues: The main issue was whether the Act of 2022 or the repealed Act of 1988 should govern the parole application of the convict. (Paras 3, 3.3)
Ratio Decidendi: The court ruled that the Act of 2022 applies to all applications for parole made after its enactment, regardless of when the offences occurred. (Paras 3.4, 3.7)
Result: Petition disposed of.
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. Instead it is contended that Haryana Good Conduct Prisoners (Temporary Release) Act, 1988 (for brevity 'the Act of 1988') should have been applied while considering and granting parole to respondent No.9.
3. The first and the foremost question which falls for consideration before this Court is as to which among the two Acts (Act of 2022 or the Act of 1988) should have been invoked for considering the prayer made by respondent No.9 for temporary release and passing the impugned order Annexure P-1 dated 20.01.2023.
3.1 Some of the relevant undisputed facts as regards the claim of furlough/parole qua respondent No.9 are that an application for releasing on parole was made by respondent No.9 after the Act of 2022 became operational. It is further not disputed at the Bar that the filing of application by respondent No.9 seeking parole, consideration of the same and passing of order of parole vide Annexure P-1, were all undertaken after the Act of 2022 became operational. It is further not disputed at the Bar that none of the provisions of the Act of 2022 are challenged herein.
3.2 The Act of 1988 stood repealed by the Act of 2022 vide Haryana Government Gazette Notification dated 11.04.2022. Section 14 of the Act of 2022 is the repealing Section which is reproduced hereinbelow for ready reference and convenience :-
"14. The Haryana Good Conduct Prisoners (Temporary Release) Act, 1988 (28 of 1988), is hereby repealed:
Provided that such repeal shall not affect-
(a) the previous operation of the Act so repealed or anything duly done or suffered thereunder; or
(b) any right, privilege, obligation or liability acquired or incurred under the Act so repealed; or
(c) any penalty, forfeiture or punishment incurred in respect of any offence committed against the Act so repealed; or
(d) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid; and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed as if this Act had not been passed:
Provided further that anything done or any action taken under the Act so repealed shall be deemed to have been done or taken under the corresponding provisions of this Act and shall continue to be in force accordingly unless and until superseded by anything done or any action taken under this Act. "
3.3 By relying upon the aforesaid repealing provision, learned counsel for the petitioner urges that since the offences in question which led to conviction and sentencing of respondent No.9, had taken place prior to the Act of 2022 come into operation, for the purpose of processing of application for temporary release (furlough/parole) of respondent No.
