Md. Faruque Alwander Farukh Genda v. Government Of NCT Delhi, Shri Naresh Kumar And Another

$~10 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 7th January, 2025 + CONT.CAS(C) 317/2024 & CM APPL. 40272/2024 MD. FARUQUE ALWANDER FARUKH GENDA .....Petitioner Through:

None.

versus GOVERNMENT OF NCT DELHI, SHRI NARESH KUMAR AND ANOTHER ....Respondent Through:

Mr. Abhinav Singh with Mr. Praveen Kumar Kaushik, Advocates for GNCTD.

CORAM:

HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1.

None appears on behalf of petitioner.

2.

Learned counsel for respondent, however, informs that in view of the subsequent development, nothing survives in the present contempt petition. 3.

The petitioner had filed W.P.(Crl) No. 925/2023 which was disposed of by Coordinate Bench of this Court on 10.11.2023 while directing DG (Prisons) and Sentence Review Board to reconsider the case of petitioner for pre-mature release, within a period of six weeks. The directions given in this regard are clearly spelt out in para 7 of the above said judgment. 4.

The grievance raised in the present petition is limited to the effect that though the meeting of the Sentence Review Board took place on 21.12.2023, the case of the petitioner was not considered.

5.

The status report has been shown during the course of the arguments and it is informed that the case of the petitioner was duly considered, lastly, by Sentence Review Board in its meeting held on 23.02.2024 but the same was CONT.CAS(C) 317/2024 1 By:SONIA THAPLIYAL 11:30:47

rejected in accordance with law.

6.

It is submitted that these minutes were approved by the Hon'ble Chief Minister of Delhi on 24.09.2024 and by Hon'ble Lieutenant Governor of Delhi, eventually, on 25.09.2024 and formal order was passed on 15.10.2024. 7.

It is informed that the petitioner has again filed one similar kind of petition praying for premature release which is now listed before the concerned Roster Bench on 15.01.2025.

8.

It is also undertaken that status report as well as the order dated 15.10.2024 shall be filed with the Registry during the course of the day with advance copy to the opposite counsel.

9.

Let it be done.

10.

However, in view of the above, nothing survives in the present contempt petition as the directions contained in order dated 10.11.2023 have been complied with and the case of the petitioner for premature release has already been rejected.

11.

Needless to say, petitioner is always at liberty to challenge the above said order of rejection of his premature release, by filing substantive petition, if not already filed.

12.

The petition stands disposed of in the aforesaid terms. (MANOJ JAIN) JUDGE JANUARY 7, 2025/sw CONT.CAS(C) 317/2024 2 By:SONIA THAPLIYAL 11:30:47