Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Haryana Good Conduct Prisoners (Temporary Release) Act 1988-Ss. 3(3) and 4 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Constitution of India-Article 21. Haryana Good Conduct Prisoners (Temporary Release) Act, 1988-Ss. 3(3) and 4-Release of a Prisoner on parole-Inclusion of in the total period of detention-Release of a prisoner on parole and furlough-Distinction between-Held, period of release of a prisoner on parole though ordinarily entitled to be counted towards the total period of detention, same could be curtailed by legislative Act, Rules, instructions or terms-S-3(3) of the Act providing that a prisoner released on parole not entitled to count the said period towards the total period of detention is valid and thus not violative of Article 21-classification of prisoners released on parole under S-3 and on furlough under S-4 held not discriminatory.The issue involved in the present appeal and writ petition is whether the period of parole availed by a convict could be included in the total period of imprisonment undergone by him. High court dismissed the application of appellant-Convict holding that the period of parole could not be counted towards the actual sentence undergone by him. Aggrieved, appellant has filed the present appeal and writ petition challenging the constitutional validity of S-3(3) of the Haryana Good Conduct Prisoners (Temporary Release) Act, 1988. |
Judge | Hon'ble Mr. Justice S.N. Phukan |
Neutral Citation | 2002 INSC 86 |
Petitioner | Avtar Singh |
Respondent | State Of Haryana And Anr. |
SCR | [2002] 1 S.C.R. 1082 |
Judgement Date | 2002-02-19 |
Case Number | 271 |
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