H. Ameer v. State of Tamil Nadu (SC) BS183435

H. Ameer v. State of Tamil Nadu (SC) BS183435 SUPREME COURT OF INDIA

Before:- Dr. A.S. Anand, CJI, R.C. Lahoti and K.G. Balakrishanan, JJ.

Criminal Appeal No. 666 of 2000 (Arising out of Special Leave Petition (Crl.) No. 575 of 1997). D/d. 16.8.2000.

H. Ameer - Appellant

Versus

State of Tamil Nadu & Ors. - Respondents

Parole - Computation of detention period - Period of detention does not stand automatically extended by release on parole - Period during which detenu is on parole is to be convicted towards total period of detention unless order of parole specifically indicates to the contrary - 2000 (3) SCC 409 relied.

[Para 3]

Cases Referred :-

Sunil Fulchand Shah v. Union of India, 2000 (3) SCC 409.

ORDER

1. Leave granted.

2. The short question involved in this appeal by special leave is whether the period during which a detenue was released on parole, is required to be counted as included in the period of detention.

3. The High Court has taken the view that the said period cannot be counted and even if the original period of detention had expired, the appellant should be asked to undergo detention for the period during which he had remained on parole. The issue is no longer res inte gra. A Constitution Bench of this Court in Sunil Fulchand Shah v. Union of India & Ors., [2000 (3) SCC 409], has expressly dealt with the issue and answered the question thus :

"The answer to the question, therefore, is that the period detention would not stand automatically extended by any period of people granted to the detenue unless the order of people, to the contrary. The period during which the detenue is on parole, therefore, requires to be counted towards the total period of detention."

4. In view of the settled law, the impugned order of the High Court cannot be sustained and the same is hereby set aside. Nothing is a available on record to show that the terms of parole required the period of parole to be executed from the total period of detention. The appellant, therefore, is not required to undergo detention for any further period of 54 days as directed by the High Court.

5. The appeal succeeds and is allowed.

Appeal allowed.