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Rajasthan High Court Issues Show Cause To District Collector, Jail Superintendent Over Delay In Deciding Convict's Emergent Parole

ANIRUDH VIJAY
16 April 2022 4:30 AM GMT
Rajasthan High Court Issues Show Cause To District Collector, Jail Superintendent Over Delay In Deciding Convicts Emergent Parole
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The Rajasthan High Court recently issued show cause notice to the Jail Superintendent and the District Collector in Bikaner, seeking their explanation over one month's delay in deciding the emergency parole application of a convict, whose mother had passed away.The bench comprising Justice Sandeep Mehta and Justice Rameshwar Vyas observed that Court has time and again directed the jail...

The Rajasthan High Court recently issued show cause notice to the Jail Superintendent and the District Collector in Bikaner, seeking their explanation over one month's delay in deciding the emergency parole application of a convict, whose mother had passed away.

The bench comprising Justice Sandeep Mehta and Justice Rameshwar Vyas observed that Court has time and again directed the jail as well as parole authorities to remain vigilant while deciding the emergent parole applications and to ensure that orders are passed thereupon within 7 days of presentation.

Further, under Rule 23 of the Rajasthan Prisoners Release on Parole Rules, 2021, an application for emergent parole is required to be decided within 4 days of presentation.

In this backdrop, te Bench remarked,

"Apparently, the Superintendent, Central Jail, Bikaner as well as District Collector, Bikaner have acted in contempt of this Courts' directions as also in gross non-compliance of Rule 23 of the Rules of 2021."

Thus, the court ordered that the District Collector and the Jail Superintendent to remain present before it on the next date of hearing and show cause as to why appropriate disciplinary proceedings may not be directed against them.

The Court remarked that the petition at hand presents a "very sorry state of affairs" inasmuch as on 10.03.2022, an application for interim parole was filed by convict-petitioner to the Superintendent, Central Jail, Bikaner as his mother expired on 09.03.2022. But it was not decided for the purported reason that the prayer in the application was for grant of 15 days' emergent parole.

The Jail Superintendent reportedly forwarded the application to the District Collector, Bikaner, who again remitted it back to the former. Nearly a month had passed since the petitioner's mother expired, whereafter he moved the instant writ petition. While issuing notices on 08.04.2022, an oral direction was given to the GA-cum-AAG to decide petitioner's emergent parole application, whereafter, Jail Superintendent granted 7 days emergent parole to him.

The court has now extended the period of emergent parole to 15 days.

Adv. Ranjana Singh Mertia appeared on behalf of petitioner while GA-cum-AAG Anil Joshi appeared on behalf of the respondent. Mr. R. Anantheswaran, Supdt., Central Jail, Bikaner was present in person during the course of hearing.

Case Title: Girdhari Singh Versus State of Rajasthan

Click Here To Read/Download Order


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