Sumeet Verma v. Govt of NCT of Delhi & Anr

1. This writ petition makes a grievance that Delhi Sentence Reviewing Board Order No.F-:18/(5/94'/^ome->;^^^ dated 16^'^ July, 2004 and Rule 2 of the Sentence Reviewing Board Order (SRB Order hereafter), provides that it is required to meet at least once every quarter. The said order enables the Sentence Reviewing Board to meet more frequently, if it seems necessary. It needs no elaboration that Sentence Reviewing Board has to exercise its discretion whether or not to release a convict who had undergone 14 years of actual \ imprisonment without remission at an appropriate time. Several W.P.(C)No.4863/2018 Page 1 of[3] 2018:DHC:8533-DB considerations for the exercise of the discretion are provided in the order itself.

2. Mr. Sumeet Verma, petitioner in person also points out that Rule 3.[1] ofSRB Order states that total period ofimprisonment should not ordinarily exceed 20 years and even for heinous crimes, it should not exceed 25 years.

3. This writ petition has been necessitated for the reason that meetings of the Sentence Reviewing Board are not being held in accordance with the aforestated Rule, As per the Rule, the Sentence Reviewing Board should be meeting^^ieast four times a year but it meets a maximum of 2 or 3::times 0|ilyr;/lt^has never met 4 times a year as required by law.;;x '

4. There canbe no doubtithat the respondents are bound to comply with the requirements of Sentence;Reviewing Board Order dated 16^^ July, 2004.

5. Our attention is drawn te||i^w|i^ent'4ated S''" October, 2005 passed in WP(CrlJNoJ4^/2BPt!^^^rmder Grover vs. State upholding the mandate of the Sentence Reviewing Board guidelines/order dated le-^July^ •2004 fey^^epovemment ofNCT of Delhi.

6. In view thereof, we direct as follows

(i) The respondents shall ensure that the meeting of Sentence

Reviewing Board is held at least quarterly in terms ofrequirement of para 2ofthe order dated 16^^ July, 2004 and ensure that adjudication ofthe request for premature release are scrutinized in the light ofthe provisions ofthe said Sentence Reviewing Board Order. W.P.(C)No.4863/2018 Page 2of[3]

(ii) the Sentence Reviewing Board shall conduct asuo motu review of all the sentence of prisoners whose period of imprisonment have exceeded the limits of 20 years.

(iii) The Sentence Reviewing Board shall ensure that reasons are assigned for the acceptance and rejection of prayer for premature release. As and when such orders are passed, the same shall be uploaded immediately on the website ofthe GNCT'ofDelhi.

(iv) This writ petition is allowed in the above terms.

Dasti under signatures ofthe CourtMaster.: AG?)&G CEOErJUSTICE C.HARI-SHANKAR, J AUGUST 03, mk X: • W.P.(C)No.4863/2018 Page 3of[3] \ $-63 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 4863/2018 SUMEET VERMA Petitioner Through; Mr. Rahul Keshav, Adv. with petitioner in person.

VERSUS

GOVT OF NCT OF DELHI & ANR. Respondents Through: Mr. Satyakam, ASC for GNCTD CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR.

JUSTICE V. KAMESWAR RAO ORDER % 28.0L2019 CM. No. 4088/2019 Having considered the application made, we are of the considered view that the cause of action and the prayer made in this application, a fresh cause of action of the petitioner arises by virtue of coming into force of the new Delhi Prison Rules, 2018 and therefore these cannot be considered in this matter and petitioner should challenge the same independently. The application stands disposed of CHIEF JUSTICE iiJ,