- (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 intergra. A Constitution Bench of this Court in Sunil Fulchand Shah v. Union of India and Ors. , has expressly dealt with the issue and answered the question thus: "The answer to the question, therefore, is that the period of detention would not stand automatically extended by any period of parole granted to the detenue unless the order of parole or rules or instructions specifically indicates as a term and condition of parole, to the contrary. The period during which the detenue is on parole, therefore, requires to be counted towards the total period of detention. ";