Devender Kumar vs State Of Haryana And Others

Raj Mohan Singh, J

[1]. The case has been taken up for hearing through video-conferencing. Petitioner has prayed for issuance of a writ, order or direction, especially in

the nature of mandamus, directing the respondents to grant emergency parole for a period of two months for agriculture purposes in order to harvest

standing wheat crop and also for plantation of paddy in accordance with the entitlement of the petitioner under Section 3(1) (c) of the Haryana Good

Conduct Prisoners (Temporary Release) Act 1988.

[2]. Learned counsel for the petitioner submits that on 23.03.2020, the Hon’ble Apex Court has directed all the States/U.Ts to consider grant of

parole to the prisoners in lesser offences in order to avoid over-crowding in the prisons in the wake of Covid-19.

[3]. In compliance of the aforesaid directions, the Committee constituted under the Chairmanship of Hon’ble Judge of the High Court, Additional

Chief Secretary to Government of Haryana and Director General of Prisons, Haryana has laid down criteria for consideration of cases of parole of

the convicts.

[4]. According to the learned counsel for the petitioner, the case of the petitioner falls under Clause D(ii) of the aforesaid report/recommendation(s) of

the Committee.

[5]. Learned State Counsel submits that as per his instructions, the case of the petitioner does not fall under Clause D(ii) of the aforesaid

recommendation(s) because the petitioner has not availed last one parole peacefully.

[6]. On a pointed question, learned State counsel admitted that the question of availing last one parole does not arise in the present case as the

petitioner has not been granted benefit of any parole in the past. So far as under-trial cases of the petitioner are concerned, learned counsel for the

petitioner submits that in two of the cases, the petitioner has been discharged and in one under-trial case, he is on bail.

[7]. Be that as it may, I deem it appropriate to dispose of this petition by directing respondents No.2 and 3 to decide the claim of the petitioner for

release on emergency parole for a period of two months for agriculture purposes as per recommendation(s) of the High Powered Committee dated

24.03.2020 in accordance with law within a period of seven days from today.