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SC Grants Parole To TADA Convict After 24 Years Custody [Read Order]

Apoorva Mandhani

18 Jan 2019 6:15 AM GMT

    • SC Grants Parole To TADA Convict After 24 Years Custody [Read Order]

    The Supreme Court, on Thursday, granted parole to one of the convicts in the bomb blasts that were orchestrated in various trains during the night intervening 5th and 6th of December, 1993.The blasts had taken place in six Rajdhani Express trains across the country, killing two people and injuring several others. 16 people were then convicted under the now-repealed Terrorist and...

    The Supreme Court, on Thursday, granted parole to one of the convicts in the bomb blasts that were orchestrated in various trains during the night intervening 5th and 6th of December, 1993.

    The blasts had taken place in six Rajdhani Express trains across the country, killing two people and injuring several others. 16 people were then convicted under the now-repealed Terrorist and Disruptive Activities (Prevention) Act by the designated TADA court at Ajmer in 2004.
    A Bench comprising Justice UU Lalit and Justice KM Joseph now noted that the petitioner, Mohammed Shamsuddin had been in 24 years of actual custody and has never been released on parole.
    It then relied on its judgment in Asfaq v. State of Rajasthan & Other, (2017) 15 SCC 55, wherein it had opined that "amongst the various grounds on which parole can be granted, the most important ground, which stands out, is that a prisoner should be allowed to maintain family and social ties".
    Taking note of this observation, the court allowed Shamsuddin's petition, directing,
    "(a) The petitioner who is presently lodged in Central Jail, Jaipur shall be transferred to Gulbarga Central Prison. Such transfer shall be effected within next ten days. The petitioner shall continue to be lodged in Gulbarga Central Prison till further orders by this Court.
    (b) Within five days of such transfer, the petitioner shall be released on parole for a period of 21 days subject to the condition that he shall report to the Chowk police station, Super Market, Gulbarga everyday between 10.30 A.M. to 12.00 Noon.
    (c) While on parole, the petitioner shall remain in Gulbarga and shall not go out of Gulbarga.
    (d) On completion of 21 days of parole, the petitioner shall surrender himself with the concerned Police Station, namely, Chowk P.S., Gulbarga who shall then lodge the petitioner back in the Central Prison, Gulbarga.
    (e) This parole is granted so that the petitioner can maintain his relations with family. The facility of parole shall not be misused in any manner for being in communication with either the co-accused or persons involved in the crime.
    (f) Any infraction or violation of this order will entail serious consequences."
    Copies of the order were directed to be sent to the Central Jail, Jaipur & Gulbarga Central Prison as well as Chowk Police Station, Gulbarga for strict compliance.
    The matter has now been listed on February 27 for further orders.
    Read the Order Here

    Tags
    #TADA Convict#Justice UU Lalit#Supreme Court#Justice KM Joseph
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