The Delhi High Court asked the AAP government on Wednesday to decide within four weeks the plea for premature release of former Haryana chief minister O P Chautala, who is serving a 10-year jail term in the JBT teachers' recruitment scam.
The direction by a bench of justices Siddharth Mridul and Prateek Jalan came on Chautala's petition seeking that he be released from prison in accordance with the Centre's policy for grant of special remission to prisoners.
In his plea, Chautala claimed that his representation, made in December last year for premature release, was yet to be decided by the Delhi government.
The bench, thereafter, directed the Aam Aadmi Party (AAP) government to "expeditiously decide", preferably within four weeks, Chautala's representation for premature release and added that a speaking order be passed in accordance with law.
In view of the direction of the court, senior advocate N Hariharan and advocate Amit Sahni, appearing for Chautala, agreed not to press the petition.
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Delhi government's standing counsel (criminal) Rahul Mehra assured the court that a decision will be taken on Chautala's representation.
Mehra, during the hearing, opposed Chautala's plea for premature release, saying he was convicted for corruption which was a serious offence.
He also contended that the Centre's notification of July last year was just an advisory and was not binding.
According to the notification of July 18, 2018, 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.
The relief has to be given to physically challenged or differently-abled prisoners with 70 per cent disability and more and who have completed half of their actual jail term, those who are terminally ill and the convicts who have completed two-third of their jail term, it said.
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.
Mehra, during the hearing, also said Chautala was granted several paroles and furloughs and even now, he was out on parole from February 8 to March 1.
However, the bench said anyone who has been sentenced is eligible for remission for good conduct.
It also said a punishment could not be extended beyond what was provided under the statute.
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.
"Considering the age, disability and period of incarceration, the case of Chautala falls under two clauses of the notification but since the authorities are biased towards him, his case is not considered in furtherance of the notification, despite the fact that he has already undergone more than seven years of incarceration under the PC Act," the plea said.
Chautala, his son Ajay Chautala and 53 others, including IAS officer Sanjiv Kumar, were convicted and sentenced in the case of illegal recruitment of 3,206 junior basic teachers (JBT) in 2000.
All of them were sentenced to varying jail terms in the case by a special CBI court in January, 2013.
Kumar, the then director of primary education in Haryana, had initially exposed the scam after he had filed a plea in the Supreme Court. Later, he was also found to be involved in the scam during a CBI probe.
Apart from the Chautalas and Kumar, Chautala's former officer on special duty Vidya Dhar and political advisor to then Haryana chief minister Sher Singh Badshami were also given 10-year jail terms.
The others who were given 10-year jail terms are Madan Lal Kalra, Durga Dutt Pradhan, Bani Singh, Ram Singh and Daya Saini.
Apart from them, one convict was handed a five-year jail sentence and the remaining 44 were given four years of imprisonment.
Among the 55 convicts, 16 were women officials.
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