SlideShare a Scribd company logo
ITEM NO.5 COURT NO.1 SECTION X
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Writ Petition(s)(Criminal) No(s). 497/2022
KARUNA SHANKAR Petitioner(s)
VERSUS
THE STATE OF UTTAR PRADESH & ANR. Respondent(s)
(IA No. 191107/2022 - EXEMPTION FROM FILING O.T. IA No. 191108/2022
- GRANT OF BAIL)
Date : 13-01-2023 These matters were called on for hearing today.
CORAM : HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE PAMIDIGHANTAM SRI NARASIMHA
For Petitioner(s) Mr. Rishi Malhotra, AOR
For Respondent(s) Mr. Ardhendumauli Kumar Prashad, AAG
Mr. Adarsh Upadhyay, AOR
Ms. Pallavi Kumari, Adv.
Ms. Kiran Suri, Sr. Adv.
Ms. Rashmi Malhotra, AOR
S. Saini, Adv.
UPON hearing the counsel the Court made the following
O R D E R
1 The petitioner was convicted on 2 February 1984 of an offence punishable under
Section 302 read with Section 34 of the Indian Penal Code 1860 and sentenced
to suffer rigorous imprisonment for life in Sessions Trial No 309 of 1982 and
Sessions Trial No 592 of 1982.
2 The custody certificate issued by the Senior Superintendent of Police, Central
Jail, Fatehgarh on 5 January 2023 (which is annexed to the counter affidavit)
Digitally signed by
GULSHAN KUMAR
ARORA
Date: 2023.01.14
12:10:13 IST
Reason:
Signature Not Verified
2
indicates that the petitioner has undergone a total custody of 15 years and 14
days without remission and 19 years and 04 months with remission.
3 In response to the plea for premature release, a counter affidavit has been filed
by the Superintendent of the District Jail, Ghaziabad. The counter affidavit
indicates that Form-A submitted by the petitioner is pending before the District
Magistrate, Unnao. The application for premature release was sent to the
District Magistrate, Unnao on 2 September 2019. This was sent to the Prison
Headquarters by the District Magistrate on 25 October 2022. The Prison
Headquarters, on 6 December 2022 directed the Superintendent of the District
Jail, Ghaziabad to make available the updated details of the co-accused
prisoners and a copy of the judgment of the High Court.
4 The proposal has been sent to the Prison Headquarters for reconsideration on 28
December, 2022 by the Senior Superintendent of the Central Jail, Fatehgarh.
5 In view of the settled position of law laid down by this Court the application filed
by the petitioner is required to be considered on the basis of the policy as it
stood on the date of the conviction. If a more liberalized regime has been
brought into effect subsequently, this should also be considered.
6 The counter affidavit which has been filed on the record indicates that the
application has remained pending since September 2019 for well over three
years and three months. This delay is without any reason or justification. Since
this Court has, while taking notice of the sorry state of affairs in the matter of
the release of convicts who have undergone long terms of imprisonment, issued
directions to the Director General of Prisons, UP in an earlier case, we are not in
these proceedings taking up the issue which is pending consideration.
3
7 In the present case we find no reason or justification for the inordinate delay in
dealing with the application of the petitioner for premature release.
8 We accordingly direct that within a month from the date of this order, the
Director General of Prisons shall take all necessary steps to ensure that the
application for premature release is duly considered and disposed of and file an
affidavit of compliance before this Court on or before 15 February 2023.
9 In the event that no such affidavit is filed, the Registry shall re-list the petition
before this Court for directions for compliance.
10 The Writ Petition is disposed of at this stage giving liberty to the counsel for the
petitioner to mention the Writ Petition for revival in case of non-compliance of
the direction.
11 The Director General of Prisons and all concerned authorities are placed on
notice that this Court would be constrained to take recourse to the coercive arm
of law if other instances indicating recalcitrance of the authorities in dealing with
such applications are brought to the notice of the Court.
12 The Standing Counsel shall immediately forward a copy of the present order to
the Director General of Prisons.
13 Pending applications, if any, stand disposed of.
(GULSHAN KUMAR ARORA) (Mathew Abraham)
AR-CUM-PS COURT MASTER

More Related Content

Similar to order13-jan-2023.pdf

Up hc order
Up hc orderUp hc order
Up hc order
ZahidManiyar
 
Allahabad hc may 10
Allahabad hc may 10Allahabad hc may 10
Allahabad hc may 10
ZahidManiyar
 
Order_05-Jan-2023.pdf
Order_05-Jan-2023.pdfOrder_05-Jan-2023.pdf
Order_05-Jan-2023.pdf
sabrangsabrang
 
SC order nrc deadline_23-jul-2019
SC order nrc deadline_23-jul-2019SC order nrc deadline_23-jul-2019
SC order nrc deadline_23-jul-2019
sabrangsabrang
 
Pp12
Pp12Pp12
Pp12
awasalam
 
Misher ali-judgment-24-mar-2021 (1)
Misher ali-judgment-24-mar-2021 (1)Misher ali-judgment-24-mar-2021 (1)
Misher ali-judgment-24-mar-2021 (1)
ZahidManiyar
 
Sharjeel-Imam-Judgement-CRLA-215-2024_29-05-2024.pdf
Sharjeel-Imam-Judgement-CRLA-215-2024_29-05-2024.pdfSharjeel-Imam-Judgement-CRLA-215-2024_29-05-2024.pdf
Sharjeel-Imam-Judgement-CRLA-215-2024_29-05-2024.pdf
bhavenpr
 
13.12.2021 res judicata applicable in ft
13.12.2021 res judicata applicable in ft13.12.2021 res judicata applicable in ft
13.12.2021 res judicata applicable in ft
sabrangsabrang
 
Ashok aggarwal judgment in civil appeal 9454 of 2013.asp
Ashok aggarwal judgment in civil appeal 9454 of 2013.aspAshok aggarwal judgment in civil appeal 9454 of 2013.asp
Ashok aggarwal judgment in civil appeal 9454 of 2013.asp
Ashok Kumar Aggarwal
 
Jammu kashmir ladakh hc order
Jammu kashmir ladakh hc orderJammu kashmir ladakh hc order
Jammu kashmir ladakh hc order
ZahidManiyar
 
Nanuram saini and ors v state of raj
Nanuram saini and ors v state of rajNanuram saini and ors v state of raj
Nanuram saini and ors v state of raj
ZahidManiyar
 
Delhi hc order dated nov 2
Delhi hc order dated nov 2Delhi hc order dated nov 2
Delhi hc order dated nov 2
sabrangsabrang
 
Allahabad High Court order.pdf
Allahabad High Court order.pdfAllahabad High Court order.pdf
Allahabad High Court order.pdf
sabrangsabrang
 
Nachika linga
Nachika lingaNachika linga
Nachika linga
sabrangsabrang
 
Internship diary by ronak
Internship diary by ronakInternship diary by ronak
Internship diary by ronak
Ronak Karanpuria
 
Internship diary by ronak
Internship diary by ronakInternship diary by ronak
Internship diary by ronak
Ronak Karanpuria
 
33164_2022_2_301_39179_Order_15-Oct-2022.pdf
33164_2022_2_301_39179_Order_15-Oct-2022.pdf33164_2022_2_301_39179_Order_15-Oct-2022.pdf
33164_2022_2_301_39179_Order_15-Oct-2022.pdf
sabrangsabrang
 
Dr. Kumar Bail Order
Dr. Kumar Bail OrderDr. Kumar Bail Order
Dr. Kumar Bail Order
sabrangsabrang
 
Sc order sept 30
Sc order sept 30Sc order sept 30
Sc order sept 30
sabrangsabrang
 
District court sends Fawad Chaudhry to jail on judicial remand, again
District court sends Fawad Chaudhry to jail on judicial remand, againDistrict court sends Fawad Chaudhry to jail on judicial remand, again
District court sends Fawad Chaudhry to jail on judicial remand, again
Gibran Ashraf
 

Similar to order13-jan-2023.pdf (20)

Up hc order
Up hc orderUp hc order
Up hc order
 
Allahabad hc may 10
Allahabad hc may 10Allahabad hc may 10
Allahabad hc may 10
 
Order_05-Jan-2023.pdf
Order_05-Jan-2023.pdfOrder_05-Jan-2023.pdf
Order_05-Jan-2023.pdf
 
SC order nrc deadline_23-jul-2019
SC order nrc deadline_23-jul-2019SC order nrc deadline_23-jul-2019
SC order nrc deadline_23-jul-2019
 
Pp12
Pp12Pp12
Pp12
 
Misher ali-judgment-24-mar-2021 (1)
Misher ali-judgment-24-mar-2021 (1)Misher ali-judgment-24-mar-2021 (1)
Misher ali-judgment-24-mar-2021 (1)
 
Sharjeel-Imam-Judgement-CRLA-215-2024_29-05-2024.pdf
Sharjeel-Imam-Judgement-CRLA-215-2024_29-05-2024.pdfSharjeel-Imam-Judgement-CRLA-215-2024_29-05-2024.pdf
Sharjeel-Imam-Judgement-CRLA-215-2024_29-05-2024.pdf
 
13.12.2021 res judicata applicable in ft
13.12.2021 res judicata applicable in ft13.12.2021 res judicata applicable in ft
13.12.2021 res judicata applicable in ft
 
Ashok aggarwal judgment in civil appeal 9454 of 2013.asp
Ashok aggarwal judgment in civil appeal 9454 of 2013.aspAshok aggarwal judgment in civil appeal 9454 of 2013.asp
Ashok aggarwal judgment in civil appeal 9454 of 2013.asp
 
Jammu kashmir ladakh hc order
Jammu kashmir ladakh hc orderJammu kashmir ladakh hc order
Jammu kashmir ladakh hc order
 
Nanuram saini and ors v state of raj
Nanuram saini and ors v state of rajNanuram saini and ors v state of raj
Nanuram saini and ors v state of raj
 
Delhi hc order dated nov 2
Delhi hc order dated nov 2Delhi hc order dated nov 2
Delhi hc order dated nov 2
 
Allahabad High Court order.pdf
Allahabad High Court order.pdfAllahabad High Court order.pdf
Allahabad High Court order.pdf
 
Nachika linga
Nachika lingaNachika linga
Nachika linga
 
Internship diary by ronak
Internship diary by ronakInternship diary by ronak
Internship diary by ronak
 
Internship diary by ronak
Internship diary by ronakInternship diary by ronak
Internship diary by ronak
 
33164_2022_2_301_39179_Order_15-Oct-2022.pdf
33164_2022_2_301_39179_Order_15-Oct-2022.pdf33164_2022_2_301_39179_Order_15-Oct-2022.pdf
33164_2022_2_301_39179_Order_15-Oct-2022.pdf
 
Dr. Kumar Bail Order
Dr. Kumar Bail OrderDr. Kumar Bail Order
Dr. Kumar Bail Order
 
Sc order sept 30
Sc order sept 30Sc order sept 30
Sc order sept 30
 
District court sends Fawad Chaudhry to jail on judicial remand, again
District court sends Fawad Chaudhry to jail on judicial remand, againDistrict court sends Fawad Chaudhry to jail on judicial remand, again
District court sends Fawad Chaudhry to jail on judicial remand, again
 

Recently uploaded

GUIA_LEGAL_CHAPTER-10_PROPERTY INTELLECTUAL.pdf
GUIA_LEGAL_CHAPTER-10_PROPERTY INTELLECTUAL.pdfGUIA_LEGAL_CHAPTER-10_PROPERTY INTELLECTUAL.pdf
GUIA_LEGAL_CHAPTER-10_PROPERTY INTELLECTUAL.pdf
ProexportColombia1
 
contract law . indian contract act yes its is
contract law . indian contract act yes its iscontract law . indian contract act yes its is
contract law . indian contract act yes its is
pankteelaptop
 
WSDFSDFDFSDFSDFSDFDSFSDGGGGSGASGDDGGDGDSGSG
WSDFSDFDFSDFSDFSDFDSFSDGGGGSGASGDDGGDGDSGSGWSDFSDFDFSDFSDFSDFDSFSDGGGGSGASGDDGGDGDSGSG
WSDFSDFDFSDFSDFSDFDSFSDGGGGSGASGDDGGDGDSGSG
detoate2
 
Fight Dubai Money Laundering: Protect Your Business Now!
Fight Dubai Money Laundering: Protect Your Business Now!Fight Dubai Money Laundering: Protect Your Business Now!
Fight Dubai Money Laundering: Protect Your Business Now!
Othman Advocates
 
Emerging Trends in Digital Forensics and Malware Analysis for Cybersecurity
Emerging Trends in Digital Forensics and Malware Analysis for CybersecurityEmerging Trends in Digital Forensics and Malware Analysis for Cybersecurity
Emerging Trends in Digital Forensics and Malware Analysis for Cybersecurity
Milind Agarwal
 
The Law of Dogs in Sectional Title Schemes
The Law of Dogs in Sectional Title SchemesThe Law of Dogs in Sectional Title Schemes
The Law of Dogs in Sectional Title Schemes
Ashwini Singh
 
The Role of Police Misconduct Attorneys in Seeking Justice
The Role of Police Misconduct Attorneys in Seeking JusticeThe Role of Police Misconduct Attorneys in Seeking Justice
The Role of Police Misconduct Attorneys in Seeking Justice
Steering Law
 
Tech Startups: Expert Advice from Aaron Kelly Arizona
Tech Startups: Expert Advice from Aaron Kelly ArizonaTech Startups: Expert Advice from Aaron Kelly Arizona
Tech Startups: Expert Advice from Aaron Kelly Arizona
Aaron Kelly Lawyer
 
RERA Execution Panchkula Authority Powers
RERA Execution Panchkula Authority PowersRERA Execution Panchkula Authority Powers
RERA Execution Panchkula Authority Powers
Satish Mishra LegalSeva
 
Human Rights- Unit wise Jurisprudence of Human Rights Its nature, theories, ...
Human Rights- Unit wise Jurisprudence of Human Rights  Its nature, theories, ...Human Rights- Unit wise Jurisprudence of Human Rights  Its nature, theories, ...
Human Rights- Unit wise Jurisprudence of Human Rights Its nature, theories, ...
amarnathkhatokar
 
Southern Illinois UniversityCarbondale degree offer diploma Transcript
Southern Illinois UniversityCarbondale degree offer diploma TranscriptSouthern Illinois UniversityCarbondale degree offer diploma Transcript
Southern Illinois UniversityCarbondale degree offer diploma Transcript
qgoomz
 
Administrative Law BA-LLB Dadabhoy Institute of higher education Pakistan .pptx
Administrative Law BA-LLB Dadabhoy Institute of higher education Pakistan .pptxAdministrative Law BA-LLB Dadabhoy Institute of higher education Pakistan .pptx
Administrative Law BA-LLB Dadabhoy Institute of higher education Pakistan .pptx
HasnainKhokhar5
 
The Lockdown on Minimum Wage: Everything you need to know:
The Lockdown on Minimum Wage: Everything you need to know:The Lockdown on Minimum Wage: Everything you need to know:
The Lockdown on Minimum Wage: Everything you need to know:
tanisha333186
 
Petition for Writ of Certiorari.pdf
Petition for Writ of Certiorari.pdfPetition for Writ of Certiorari.pdf
Petition for Writ of Certiorari.pdf
almondtree2525
 
Carriage of Goods by Sea in Sri Lanka under English Lawpptx.pdf
Carriage of Goods  by Sea  in Sri Lanka  under English Lawpptx.pdfCarriage of Goods  by Sea  in Sri Lanka  under English Lawpptx.pdf
Carriage of Goods by Sea in Sri Lanka under English Lawpptx.pdf
PrabashSemasinghe1
 
VIETNAM FROM A FRONTIER MARKET TO AN EMERGING MARKET – RECOMMENDATIONS TO ACH...
VIETNAM FROM A FRONTIER MARKET TO AN EMERGING MARKET – RECOMMENDATIONS TO ACH...VIETNAM FROM A FRONTIER MARKET TO AN EMERGING MARKET – RECOMMENDATIONS TO ACH...
VIETNAM FROM A FRONTIER MARKET TO AN EMERGING MARKET – RECOMMENDATIONS TO ACH...
Dr. Oliver Massmann
 
Petition for Allowance of Appeal Revision.pdf
Petition for Allowance of Appeal Revision.pdfPetition for Allowance of Appeal Revision.pdf
Petition for Allowance of Appeal Revision.pdf
almondtree2525
 
Dallas Criminal Attorney | Frisco Criminal Attorney- Reggie London
Dallas Criminal Attorney | Frisco Criminal Attorney- Reggie LondonDallas Criminal Attorney | Frisco Criminal Attorney- Reggie London
Dallas Criminal Attorney | Frisco Criminal Attorney- Reggie London
ReggieLondon Lawyer
 
Legal History and Customary Law Lecture 3 nd 4.pptx
Legal History and Customary Law Lecture 3 nd 4.pptxLegal History and Customary Law Lecture 3 nd 4.pptx
Legal History and Customary Law Lecture 3 nd 4.pptx
getabelete
 
The_Law_Firm_Digital_Footprint_Report___2023.pdf
The_Law_Firm_Digital_Footprint_Report___2023.pdfThe_Law_Firm_Digital_Footprint_Report___2023.pdf
The_Law_Firm_Digital_Footprint_Report___2023.pdf
SarafandPartners
 

Recently uploaded (20)

GUIA_LEGAL_CHAPTER-10_PROPERTY INTELLECTUAL.pdf
GUIA_LEGAL_CHAPTER-10_PROPERTY INTELLECTUAL.pdfGUIA_LEGAL_CHAPTER-10_PROPERTY INTELLECTUAL.pdf
GUIA_LEGAL_CHAPTER-10_PROPERTY INTELLECTUAL.pdf
 
contract law . indian contract act yes its is
contract law . indian contract act yes its iscontract law . indian contract act yes its is
contract law . indian contract act yes its is
 
WSDFSDFDFSDFSDFSDFDSFSDGGGGSGASGDDGGDGDSGSG
WSDFSDFDFSDFSDFSDFDSFSDGGGGSGASGDDGGDGDSGSGWSDFSDFDFSDFSDFSDFDSFSDGGGGSGASGDDGGDGDSGSG
WSDFSDFDFSDFSDFSDFDSFSDGGGGSGASGDDGGDGDSGSG
 
Fight Dubai Money Laundering: Protect Your Business Now!
Fight Dubai Money Laundering: Protect Your Business Now!Fight Dubai Money Laundering: Protect Your Business Now!
Fight Dubai Money Laundering: Protect Your Business Now!
 
Emerging Trends in Digital Forensics and Malware Analysis for Cybersecurity
Emerging Trends in Digital Forensics and Malware Analysis for CybersecurityEmerging Trends in Digital Forensics and Malware Analysis for Cybersecurity
Emerging Trends in Digital Forensics and Malware Analysis for Cybersecurity
 
The Law of Dogs in Sectional Title Schemes
The Law of Dogs in Sectional Title SchemesThe Law of Dogs in Sectional Title Schemes
The Law of Dogs in Sectional Title Schemes
 
The Role of Police Misconduct Attorneys in Seeking Justice
The Role of Police Misconduct Attorneys in Seeking JusticeThe Role of Police Misconduct Attorneys in Seeking Justice
The Role of Police Misconduct Attorneys in Seeking Justice
 
Tech Startups: Expert Advice from Aaron Kelly Arizona
Tech Startups: Expert Advice from Aaron Kelly ArizonaTech Startups: Expert Advice from Aaron Kelly Arizona
Tech Startups: Expert Advice from Aaron Kelly Arizona
 
RERA Execution Panchkula Authority Powers
RERA Execution Panchkula Authority PowersRERA Execution Panchkula Authority Powers
RERA Execution Panchkula Authority Powers
 
Human Rights- Unit wise Jurisprudence of Human Rights Its nature, theories, ...
Human Rights- Unit wise Jurisprudence of Human Rights  Its nature, theories, ...Human Rights- Unit wise Jurisprudence of Human Rights  Its nature, theories, ...
Human Rights- Unit wise Jurisprudence of Human Rights Its nature, theories, ...
 
Southern Illinois UniversityCarbondale degree offer diploma Transcript
Southern Illinois UniversityCarbondale degree offer diploma TranscriptSouthern Illinois UniversityCarbondale degree offer diploma Transcript
Southern Illinois UniversityCarbondale degree offer diploma Transcript
 
Administrative Law BA-LLB Dadabhoy Institute of higher education Pakistan .pptx
Administrative Law BA-LLB Dadabhoy Institute of higher education Pakistan .pptxAdministrative Law BA-LLB Dadabhoy Institute of higher education Pakistan .pptx
Administrative Law BA-LLB Dadabhoy Institute of higher education Pakistan .pptx
 
The Lockdown on Minimum Wage: Everything you need to know:
The Lockdown on Minimum Wage: Everything you need to know:The Lockdown on Minimum Wage: Everything you need to know:
The Lockdown on Minimum Wage: Everything you need to know:
 
Petition for Writ of Certiorari.pdf
Petition for Writ of Certiorari.pdfPetition for Writ of Certiorari.pdf
Petition for Writ of Certiorari.pdf
 
Carriage of Goods by Sea in Sri Lanka under English Lawpptx.pdf
Carriage of Goods  by Sea  in Sri Lanka  under English Lawpptx.pdfCarriage of Goods  by Sea  in Sri Lanka  under English Lawpptx.pdf
Carriage of Goods by Sea in Sri Lanka under English Lawpptx.pdf
 
VIETNAM FROM A FRONTIER MARKET TO AN EMERGING MARKET – RECOMMENDATIONS TO ACH...
VIETNAM FROM A FRONTIER MARKET TO AN EMERGING MARKET – RECOMMENDATIONS TO ACH...VIETNAM FROM A FRONTIER MARKET TO AN EMERGING MARKET – RECOMMENDATIONS TO ACH...
VIETNAM FROM A FRONTIER MARKET TO AN EMERGING MARKET – RECOMMENDATIONS TO ACH...
 
Petition for Allowance of Appeal Revision.pdf
Petition for Allowance of Appeal Revision.pdfPetition for Allowance of Appeal Revision.pdf
Petition for Allowance of Appeal Revision.pdf
 
Dallas Criminal Attorney | Frisco Criminal Attorney- Reggie London
Dallas Criminal Attorney | Frisco Criminal Attorney- Reggie LondonDallas Criminal Attorney | Frisco Criminal Attorney- Reggie London
Dallas Criminal Attorney | Frisco Criminal Attorney- Reggie London
 
Legal History and Customary Law Lecture 3 nd 4.pptx
Legal History and Customary Law Lecture 3 nd 4.pptxLegal History and Customary Law Lecture 3 nd 4.pptx
Legal History and Customary Law Lecture 3 nd 4.pptx
 
The_Law_Firm_Digital_Footprint_Report___2023.pdf
The_Law_Firm_Digital_Footprint_Report___2023.pdfThe_Law_Firm_Digital_Footprint_Report___2023.pdf
The_Law_Firm_Digital_Footprint_Report___2023.pdf
 

order13-jan-2023.pdf

  • 1. ITEM NO.5 COURT NO.1 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Writ Petition(s)(Criminal) No(s). 497/2022 KARUNA SHANKAR Petitioner(s) VERSUS THE STATE OF UTTAR PRADESH & ANR. Respondent(s) (IA No. 191107/2022 - EXEMPTION FROM FILING O.T. IA No. 191108/2022 - GRANT OF BAIL) Date : 13-01-2023 These matters were called on for hearing today. CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE PAMIDIGHANTAM SRI NARASIMHA For Petitioner(s) Mr. Rishi Malhotra, AOR For Respondent(s) Mr. Ardhendumauli Kumar Prashad, AAG Mr. Adarsh Upadhyay, AOR Ms. Pallavi Kumari, Adv. Ms. Kiran Suri, Sr. Adv. Ms. Rashmi Malhotra, AOR S. Saini, Adv. UPON hearing the counsel the Court made the following O R D E R 1 The petitioner was convicted on 2 February 1984 of an offence punishable under Section 302 read with Section 34 of the Indian Penal Code 1860 and sentenced to suffer rigorous imprisonment for life in Sessions Trial No 309 of 1982 and Sessions Trial No 592 of 1982. 2 The custody certificate issued by the Senior Superintendent of Police, Central Jail, Fatehgarh on 5 January 2023 (which is annexed to the counter affidavit) Digitally signed by GULSHAN KUMAR ARORA Date: 2023.01.14 12:10:13 IST Reason: Signature Not Verified
  • 2. 2 indicates that the petitioner has undergone a total custody of 15 years and 14 days without remission and 19 years and 04 months with remission. 3 In response to the plea for premature release, a counter affidavit has been filed by the Superintendent of the District Jail, Ghaziabad. The counter affidavit indicates that Form-A submitted by the petitioner is pending before the District Magistrate, Unnao. The application for premature release was sent to the District Magistrate, Unnao on 2 September 2019. This was sent to the Prison Headquarters by the District Magistrate on 25 October 2022. The Prison Headquarters, on 6 December 2022 directed the Superintendent of the District Jail, Ghaziabad to make available the updated details of the co-accused prisoners and a copy of the judgment of the High Court. 4 The proposal has been sent to the Prison Headquarters for reconsideration on 28 December, 2022 by the Senior Superintendent of the Central Jail, Fatehgarh. 5 In view of the settled position of law laid down by this Court the application filed by the petitioner is required to be considered on the basis of the policy as it stood on the date of the conviction. If a more liberalized regime has been brought into effect subsequently, this should also be considered. 6 The counter affidavit which has been filed on the record indicates that the application has remained pending since September 2019 for well over three years and three months. This delay is without any reason or justification. Since this Court has, while taking notice of the sorry state of affairs in the matter of the release of convicts who have undergone long terms of imprisonment, issued directions to the Director General of Prisons, UP in an earlier case, we are not in these proceedings taking up the issue which is pending consideration.
  • 3. 3 7 In the present case we find no reason or justification for the inordinate delay in dealing with the application of the petitioner for premature release. 8 We accordingly direct that within a month from the date of this order, the Director General of Prisons shall take all necessary steps to ensure that the application for premature release is duly considered and disposed of and file an affidavit of compliance before this Court on or before 15 February 2023. 9 In the event that no such affidavit is filed, the Registry shall re-list the petition before this Court for directions for compliance. 10 The Writ Petition is disposed of at this stage giving liberty to the counsel for the petitioner to mention the Writ Petition for revival in case of non-compliance of the direction. 11 The Director General of Prisons and all concerned authorities are placed on notice that this Court would be constrained to take recourse to the coercive arm of law if other instances indicating recalcitrance of the authorities in dealing with such applications are brought to the notice of the Court. 12 The Standing Counsel shall immediately forward a copy of the present order to the Director General of Prisons. 13 Pending applications, if any, stand disposed of. (GULSHAN KUMAR ARORA) (Mathew Abraham) AR-CUM-PS COURT MASTER