Delhi High Court
Amit Sahni vs Govt. Of Nct Of Delhi on 2 December, 2019
$~30
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 2nd December, 2019
+ W.P.(C) 13455/2018 & CM APPLs. 51227-28/2019
AMIT SAHNI ..... Petitioner
Through Mr. Puneet Mittal, Sr. Adv. with
Mr.A. Gupta, Mr. Amit Sahni, J.S.
Sethi, Mr. Anshul Bajaj and Ms.
Sonali Tiwari, Advs.
versus
GOVT. OF NCT OF DELHI ..... Respondent
Through Mr. Gautam Narayan, ASC with
Ms. Shivani Vij and Ms.Dacchita
Shahi, Advs. for GNCTD
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE C.HARI SHANKAR
ORDER
% 02.12.2019
D.N. PATEL, CHIEF JUSTICE (ORAL)
W.P.(C) 13455/2018
1. This Public Interest Litigation has been preferred with the
following prayers:
"i) To issue a Writ of Mandamus or any other writ of the like
nature thereby issuing appropriate and mandatory
direction(s) to the Respondent to implement the aforesaid
suggestions made by the petitioner through his
representation dated 26-11-2018, in order to ensure fairness
and impartiality in the functioning of Sentence Review Board
(SRB) and to avoid extraneous considerations to affect its
decision.
ii) Pass any other appropriate order or direction as this
Hon'ble Court may deem fit and proper in the facts and
circumstances of the case."
2. Learned Senior counsel for the petitioner submitted that there are
various suggestions made in para 11 of the writ petition which are
essential to ensure fairness and impartiality in the functioning of Sentence
Review Board. Learned Senior Counsel for the petitioner further submits
that the Sentence Review Board is exercising powers under Section 432
to be read with Section 433 of Cr.P.C. subject to the limitations under
Section 433 (A) of the Code of Criminal Procedure to be read with Delhi
Prison Rules, 2018 and therefore these suggestions are required to be
incorporated in the Delhi Prison Rules, 2018.
3. Having heard learned counsel for both sides and looking to the
facts and circumstances of the case, we hereby direct the respondent to
look into the suggestions of this petitioner as enumerated in para 11 of the
memo of this writ petition. For ready reference, para 11 of the writ
petition is reproduced herein below:
"11. That in order to avoid the extraneous considerations
to affect the decision of Sentence Review Board (SRB) and
for bringing fairness and impartiality in the functioning of
SRB, the suggestions of the Petitioner, as suggested in the
representation dated 26-11-2018, are as under:-
SUGGESTIONS
i) Cases of Life Convicts should be considered in SRB by
giving each convict a number/code (concealing his caste,
religion etc), so as to avoid extraneous consideration.
ii) Right to legal representation must be also given to the
convict(s), whose cases are placed before the SRB for the
purpose of consideration for premature release.
iii) Meetings of SRB must be video-graphed.
iv) Entire material placed before SRB viz police reports,
reports from jail, nominal rolls, report from social welfare
department and other documents, must be forwarded to the
Hon'ble LG for the purpose of taking an independent
decision as to whether recommendations of SRB are in
pursuance to the material considered by SRB or the same is
affected by some extraneous reasons."
4. We further direct the respondent to keep in mind the illustrations
given by the petitioner in para 3 of CM APPL. 51227/2019 (page 308)
while considering the suggestions given by the petitioner. The
suggestions of the petitioner with regard to functioning of Sentence
Review Board (SRB) will be considered by the respondent in accordance
with law, rules, regulations and Government policy, applicable to the
facts of the case.
5. With these observations, this writ petition is hereby disposed of.
CM APPLs. 51227-28/2019
1. In view of the disposal of the writ petition, these applications also
stand disposed of.
CHIEF JUSTICE
C.HARI SHANKAR, J.
DECEMBER 02, 2019
dsn
