Gurjant Singh v. State Of Punjab & ORS

CRWP No. 1249 of 2014 (O&M) -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRWP No. 1249 of 2014 (O&M) Date of Decision:- 29.09.2015 Gurjant Singh ....Petitioner

Versus

State of Punjab and others ....Respondents

CORAM:

HON'BLE MR. JUSTICE SHEKHER DHAWAN Present:- Mr. Govinder Singh Brar, Advocate for the petitioner.

Mr. Navdeep Singh, A.A.G., Punjab for the State.

**** SHEKHER DHAWAN, J.

Present writ petition under Articles 226/227 of the Constitution of India for issuance of a writ of mandamus directing the respondent(s) authorities to add period of remission granted to the convict upto the period 11.09.2001.

2.

Learned counsel for the petitioner submitted that as per order notification dated 25.08.2005, order dated 23.07.2015 passed by Hon'ble Supreme Court in Writ Petition (Criminal) No.48/2014 and order dated 14.09.2005 and order dated 07.01.2011, passed by this Court, the petitioner be released from custody. The operative part of order dated 23.07.2015, passed by Hon'ble Supreme Court is as under: - "5.

However, we clarify that the President of India in exercise of his powers under Article 72 of the Constitution of India and the Governors of NARESH KUMAR 2015.09.29 16:16 I attest to the accuracy and integrity of this document Chandigarh

CRWP No. 1249 of 2014 (O&M) -2the States in exercise of their powers under Article 161 of the Constitution of India are not prevented from exercising their power(s), insofar as the cases referred to in para 4 above are concerned."

3.

In view of above, the petition is disposed of with the direction (s) that petitioner shall move appropriate petition before the authorities and the same shall be decided by the authorities within two months from the date of filing of the petition, in accordance with law. September 29, 2015 ( SHEKHER DHAWAN ) naresh.k JUDGE NARESH KUMAR 2015.09.29 16:16 I attest to the accuracy and integrity of this document Chandigarh