The Delhi High Court on Wednesday asked the city government to decide within four weeks a plea for premature release of former Haryana Chief Minister O.P. Chautala, who is serving a 10-year jail term in the Junior Basic Teachers’ recruitment scam.
A Bench of Justice Siddharth Mridul and Justice Prateek Jalan gave the direction on Chautala’s plea that he be released from prison in accordance with the Centre’s policy for grant of special remission to prisoners.
Chautala, in his plea, claimed that his representation, made in December last year for premature release, was yet to be decided by the Delhi government. Delhi government’s Standing Counsel (criminal) Rahul Mehra assured the court that a decision will be taken on Chautala’s representation. He, however, opposed his plea, saying he was convicted for corruption.
Centre notification
Mr. Mehra contended that the Centre’s notification of July last year was just an advisory and was not binding.
The July 18, 2018 notification said the special remission has to be given to women and transgender convicts of 55 years of age who have completed half of their actual jail term, male convicts of 60 years of age and who have completed half of their sentence period. However, the special remission will not be given to those convicted for heinous offences or under POTA, UAPA, TADA, POCSO Act, PMLA, FEMA, NDPS and Prevention of Corruption Act.
However, the Bench said anyone who has been sentenced is eligible for remission for good conduct.
Chautala (83), in his plea, has contended that he should be considered for premature release considering his age and disability as also the period of seven years, with remission, already undergone by him in jail.