Stay illegal if convict not released on time: Punjab and Haryana High Court

Tribune News Service

Saurabh Malik

Chandigarh, January 19

In a significant judgment, the Punjab and Haryana High Court has made it clear that a convict’s stay in judicial custody from the time he was found eligible for premature release till the time the order in this regard was complied with would be illegal. Justice Arvind Singh Sangwan of the High Court also made it clear that liability was required to be fixed on the erring officials for causing the delay in such matters.

Taking up a case alleging non-compliance with a judicial order on premature release, Justice Sangwan also asserted that it was “strange” that a person awaiting release from judicial custody was continuing as such, though his case was to be decided on the particular date he became eligible for release.

Fixing the case for further hearing later this month, Justice Sangwan asked the Punjab Director-General of Police (Prisons) to file an affidavit by then, failing which the “official concerned” would remain present before the court.

The matter was brought to Justice Sangwan’s notice after a petition alleging contempt of court was filed by Pawan Kumar against IAS officer DK Tiwari and another respondent alleging violation of an order, dated April 25, 2022, vide which it was directed that his case for premature release would be considered without taking into consideration the “jail offences” committed by him. A direction was also issued to take appropriate action in the matter within eight weeks of receiving the order.

In his detailed order, Justice Sangwan asserted that a perusal of the order showed that the decision was based on a Supreme Court judgment. However, the final decision in the matter was yet to be taken, despite a lapse of nine months.

“The direction was to be complied with on or before June 30, 2022, and a period of six months has lapsed. In case the petitioner is, ultimately, found eligible for premature release on the date as claimed in the main writ petition, the period undergone by him till the time the aforesaid order is complied with by the respondent will definitely make his stay in the judicial custody as illegal stay and for which the liability is to be fixed of erring officials,” said Justice Sangwan.

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