JBT teachers scam: HC asks Delhi govt to respond to Chautala's plea for early release

New Delhi, Jan 30 (PTI) Delhi High Court has asked AAP government to respond to a plea by former Haryana chief minister O P Chautala claiming that his prayer for early release from jail in a teachers' recruitment scam has not been considered by authorities despite judicial order.

Justice Rajnish Bhatnagar asked Delhi government to file its response on plea and listed matter for furr hearing on February 28.

Indian National Lok Dal (INLD) chief, who is 84 and lodged in Tihar jail to serve 10-year jail term in JBT scam, has been seeking special remission on occasion of 150th birth anniversary of Mahatma Gandhi as notified by central government.

high court on December 18, 2019 asked Delhi government to consider afresh Chautala's plea for early release from jail. It h set aside state's April 3, 2019 order of rejecting his plea.

vocate Amit Sahni, appearing for Chautala, argued that despite December 18 directions of court, Delhi government has not decided case for special remission and state cannot prolong it indefinitely.

He said government was asked to comply with order in two weeks but it has not been complied with even after 40 days and sought direction to authorities to comply with it.

Delhi government standing counsel (criminal) Rahul Mehra submitted that in view of upcoming elections in capital, model code of conduct is in force and state level committee would examine Chautala's case after new government is formed.

In December order, court said that in view of mandate of law and fact that he was aged and has completed 50 per cent of his actual sentence period, court was of opinion that he was eligible to have his case considered by State Committee for special remission in terms of guidelines prescribed under Notification.

court h me it clear that it h not expressed any opinion on entitlement of Chautala for early release.

His plea was earlier opposed by Delhi government, which h said Chautala was not eligible for relief as he was convicted under Prevention of Corruption (PC) Act and as per proviso of government notification, such convicts cannot be granted special remission.

Chautala h claimed in his plea that he should be considered for release from jail in view of his old age and disability as also period of seven years alrey undergone by him behind bars.

petition h referred to central government's July 18, 2018, special remission notification, by which relief could be granted to certain categories of prisoners and y were to be released in three phases with effect from October last year.

As per notification, special remission has to be given to women and transgender convicts of 55 years of age who have completed 50 per cent of ir actual jail term, male convicts of 60 years of age and who have completed half of ir sentence period.

relief has to be given to physically challenged/ disabled prisoners with 70 per cent disability and more and who have completed 50 per cent of ir actual jail term and those who are terminally ill and convicts who have completed two-thirds of ir jail term, it said.

However, special remission was not to be given to those who have been convicted for heinous offences or under POTA, UAPA, TA, POCSO Act, money laundering, FEMA, NDPS and anti-corruption act.

"Considering age, disability and period of incarceration, case of Chautala falls under two clauses of notification but since authorities are biased towards him, his case is not considered in furrance of notification despite fact that he has alrey undergone more than seven years of incarceration under PC Act," plea h said.

Chautala, his son Ajay Chautala and 53 ors, including IAS officer Sanjiv Kumar, were convicted and sentenced in case of illegal recruitment of 3,206 junior basic teachers (JBT) in 2000. y all were sentenced to varying jail terms in case by a special CBI court in January 2013.

Kumar, n director of primary education in Haryana, h initially exposed scam after he filed a plea in Supreme Court. Later, he was also found to be involved in scam during a CBI probe.

ors who were given 10-year jail terms are Man Lal Kalra, Durga Dutt Prhan, Bani Singh, Ram Singh and Daya Saini.

Apart from m, a convict was handed a five-year jail sentence and rest 44 were given four years of imprisonment. Among 55 convicts, 16 were women officials. PTI SKV HMP SA