Rajasthan High Court Takes Suo Motu Cognizance After Woman Prisoner Dies Post Denial Of Medical Parole
Rajasthan High Court took suo moto cognisance of a matter in which parole was denied to a woman-prisoner who was suffering from chronic comorbidities, heart failure, and cardiac & pulmonary disorders, which ultimately led to her demise.
The bench of Acting Chief Justice Sanjeev Prakash Sharma and Justice Sanjeet Purohit took note of the fact that the interpretation of the Rajasthan Prisoners Release on Parole Rules, 2021 (“Rules”) resulted in denial of parole, and held that the provisions of the Rules had to be examined.
“…direct the Registry to register a Suo Moto petition, taking cognizance of the present circumstances and the case be listed to examine the provisions of the Rules of 2021 specifically Rule 11(1)(i), which allows granting of parole on serious illness of near relatives to an inmate, but does not allow grant of parole on account of his/her own illness.”
For context, the Court was hearing a petition that challenged the dismissal of parole application of the petitioner's mother. The petitioner's mother was a convict and imprisoned in jail. In light of her aforementioned illness, a parole application was filed for her treatment. This was rejected by the District Magistrate. This order was challenged before the Court.
While the petition was pending, the concerned woman expired in jail on account of her illness, and the petition was dismissed as abated.
The Court observed, “it is a classic case of insensitiveness on the part of concerned District Magistrate, who denied parole to the deceased applicant, who was suffering from severe medical condition and her son had requested to grant her parole so that she may be treated properly.”
In this background, the Reigstry was directed to register a suo moto case to examine the provisions of the Rules.
Ms. Shaambhavi Mardia was appointed as the Amicus Curiae in the case.
The matter is listed on August 19, 2026.
Title: Smt. Manju Devi v the State of Rajasthan & Ors.