(A.H. JOSHI, J.)

1. Heard.

2. Rule. Rule made returnable forthwith.

3. The petitioner is a life convict. He had applied for parole.

4. The Divisional Commissioner had rejected his request, by order dated 21.6.2011. The grounds for rejection, as incorporated in the order, can be summarised as follows:

(1) Two daughters and son-in-laws of the petitioner's mother are competent to look after and attend to the petitioner's mother and her ailment.

(2) Petitioner's surety is not willing to furnish surety bond and in absence of surety, the petitioner is not eligible for release.

5. In the background that the police report was adverse stating that the surety is not willing to stand surety, the prisoner had forwarded with this letter petition, the affidavit sworn by the surety, namely, Gulab Bahadur Khan.

6. After reading the letter petition and surety's affidavit annexed to the letter petition, we were curious to know whether the petitioner/life convict was any time released in past.

7. In response to the query made by this Court, learned APP had furnished the information received from the Superintendent of Open Prison, Paithan.

8. The information furnished to us consists of following data:

Leave Record of the Prisoner (Petitioner)

9. As we could see, present petitioner's case seems to be one amongst the few or many prisoners who have no prison punishment and who has reported to Prison in time, on all occasions in past, after availing the parole and/or furlough.

10. We have seen from the information furnished to us by the Superintendent of Jail that on earlier occasions, the petitioner was released and now it is not reported to us or shown to have been known to jail authority or Police, that and adverse report about behaviour of petitioner during earlier period of parole or furlough.

11. In this background, we see no reason why should surety decline to execute a bond.

12. The question mark as regards truthfulness, honesty as well as sincerity and integrity of the police personnel, who has forwarded adverse police report, has come under glare and it has become vivid that all these virtues are absent in said police personnel's working.

13. Now, let us see how this false and dishonest or atleast erroneous report of a Police personnel works in the field, after said dirty vires starts operating. The system wants that such report is to be acted upon un-moderated and as an ultimate truth. His higher ranks, including Superintendent of Police or his equivalent or the delegate and even in turn the District Magistrate, endorse it with all solemnity.

14. In case of parole the Senior Revenue Officer of the rank of Divisional Commissioner and in case of furlough a Senior Police/Jail Officer of the rank of D.I.G. Prisons, thus forfeits his powers, discretion and jurisdiction and subrogates and succumbs to a dishonest, indolent and/or apathetic and inhuman shallow constable's subjective view.

15. While sitting on the Division Bench on Criminal Jurisdiction, at least one petition appears on board, in each week, when such situation surfaces. Adverse reports which are adverse due to refusal or failure of relatives to pay the gratification or false due to indolence or negligence or due to fear of responsibility or accountability is a very common scene.

16. This scene and recurrence can be moderated but one does not know whether can come to an end.

17. We have considered this aspect and we find that there is a systemic fault in the manner of scrutiny of the applications of Prisoners.

18. The Divisional Commissioner and/or D.I.G. Prisons, as the case be, should adopt a methodology of having a file "Previous correspondence and the Docket of the case of every prisoner" if not already in practice. Such Docket shall consist of entire previous record of the releases of the petitioner and such docket shall be maintained as a permanent record until he is released and or for a reasonable duration till final release.

19. Whenever Superinten