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Delhi HC adjourns hearing of O.P. Chautala's plea alleging illegal incarceration
New Delhi, July 14
The Delhi High Court on Thursday adjourned, to August 16, the hearing of the plea of former Haryana Chief Minister Om Prakash Chautala alleging illegal incarceration in connection with a disproportionate assets (DA) case.
The court directed the state to decide the representation of Chautala, wherein he has sought that his entire period of sentence is over.
In the meanwhile, the court directed the petitioner to file all the relevant documents before the single judge's bench, where the petition is pending.
As per Chautala's plea, he was convicted for a period of four years and he had already undergone imprisonment of five years and six months and the further jail term is a violation of settled judicial decisions of the Supreme Court.
His plea stated that he, aged about 87 years old, was suffering from multiple ailments and progressive permanent disability of residual paralysis of both lower limbs and left upper limb.
".. even as per jail record, the petitioner (sentenced for RI of 4 years) has already undergone 5 years 6 months and 14 days (as on May 1) but the petitioner is not released from the prison..," his plea read.
In pursuant to his petition, the jail authorities calculated the actual physical incarceration of the petitioner in the present case at 5 years 6 months.
Still, instead of releasing the petitioner, they had forwarded a letter to the Special Judge, CBI, Rouse Avenue Court apprising that the actual period of custody undergone by the petitioner, it said.
On May 27, the city's Rouse Avenue Court sentenced Chautala to four years in prison and slapped a fine of Rs 50 lakh in connection with the disproportionate assets case, in which he was convicted earlier.
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