Parole can be granted for any other sufficient cause, including marriage, and is not restricted only to emergent situations, as per the interpretation of Rule 324 of the Goa Prisons Rules, 2006.

JUDGMENT

M S Jawalkar, J. - Heard Ms. D. Tulkar, learned Advocate for the petitioner and Mr. G. Nagvenkar, learned Additional Public Prosecutor for the respondents.

2. Rule. Rule is made returnable forthwith with the consent and at the request of the learned Advocate for the parties.

3. Challenge in this petition is to the order dated 29/04/2021 by which the Inspectorate General of Prisons has rejected the petitioner's application for parole of Mr. Ivan Miguel, being prisoner No.47 of 2020 presently lodged in Central Jail at Colvale Goa .

4. The convict is suffering sentence under Section 22(c), 21(b) and 20(b) (ii) (B) of the NDPS Act. The reason for rejection of parole is that it does not fulfill the requirement of Rule 324of the Goa Prison Rules, 2006.

5. The learned Advocate for the petitioner has submitted that the said convict was released on bail vide order dated 30/10/2019 in CRMAB No. 294 of 2018 and even granted extension of time to surrender. On expiry of the same the said convict duly surrendered to the Court. The convict got engaged with the petitioner in October, 2020 and were planning to get married,, however the same could not take place as the convict was then convicted and was required to surrender before the Court. The leaned Advocate for the petitioner has submitted that the petitioner and the convict being foreign nationals are required to obtain permission from the Civil Court for the purpose of registration of their marriage in the State of Goa. In order to facilitate the marriage registration as well as to perform the religious rituals, the petitioner moved application for parole.

6. The said application came to be rejected by the respondent No.2 - Inspector General of Prisons on the ground that the request of the applicant does not come within the scope of Rule 324 of Goa Prisons Rules, 2006 as the applicant does not fulfil the requirement of Rule 324.

7. The learned Advocate for the applicant relied on the judgment in Cecilia Fernandes and Ors Vs. Inspector General, Prisions, The Inspectorate General of Prisons, Government of Goa and Ors., (2017) 4 BCR(Cri) 421 and pressed for the grant of reliefs in the petition. The learned Advocate for the petitioner has submitted that the ground prayed in the petition is covered by Cecilia Fernandes (Supra).

8. The learned Additional Public Prosecutor supported the order passed by the learned Inspectorate General of Prisons and opposed the application.

9. I have perused the application submitted by the petitioner for grant of parole for release of Mr. Ivan Miguel. She requested by this application for grant of parole for a period of 30 days in order to get lawfully married as per Christian norms, tradition and ideals. She further requested that her finance to be released on parole to complete all the necessary legal procedures, predicates and formalities of the church and the Court of law.

10. For the same of convenience it would be proper to reproduce Rule 324 of Goa Prisons Rule's which reads as under :

"324. When Parole to be granted- Parole may be granted to a petitioner in the event of emergent situations like death or serious illness of father, mother, brother, sister, spouse and children and also marriage of brother, sister and children or for any other sufficient cause."

11. The only reason which appears from the rejection order of respondent No.2 is that the request of the applicant does not come within the scope of Rule 324. I am of the opinion that the interpretation of Rule 324 is apparently erroneous and parole can be granted for any other sufficient cause and it cannot be restricted only to the emergent situations like death or serious illness of father, mother, brother, sister, spouse and children and also marriage of brother, sister and children. It can be granted for any other sufficient cause. Thus, list of emergent situation is not exhaustive but inclusive one. In the application itself the applicant has stated specifically that for completing all the nece