JUDGMENT :

MAHENDAR KUMAR GOYAL, J.

This D.B. Criminal Writ Petition (Parole) has been filed with the following prayers:

“i) to direct the respondents to make the necessary amendment in Rule 10B(2) of the Rajasthan Prisoners Release on Parole (Amendment) Rules, 2020 as also Rule 2(ii) of the Rajasthan Prisoners Release on Parole (Amendment) Rules, 2021 by including category of prisoner like petitioner who are on emergent parole extending the period of parole till 30th June, 2021 and thereby amend the Rajasthan Prisoners Release on Parole Rules, 1958;

(ii) to direct the respondents to release and allow the petitioner Nilam Kumar S/o Shri Ramjilal on special parole till 30th June, 2021 upon like conditions as enumerated in the order dated 17.5.2021 (Annexure-10) while allowing other prisoners on special parole till 30th June, 2021; iii) to call for the record pertains to the present matter; iv) to pass any other order which this Hon'ble Court may deem fit and proper in the present facts and circumstances, in favour of the petitioner.”

2. The factual matrix of the case is that the petitioner was convicted and sentenced by the Court of Special Judge, SC/ST (PA) Cases, Jhalawar in Sessions Case No. 38/2018 vide judgment dated 13.07.2020 for the offences under Sections 302, 302/34, 307, 307/34 of IPC, Section 3(2)(v) of SC/ST (PA) Act, 1989 and Section 3/25 of Arms Act and sentenced to undergo life imprisonment. The petitioner is undergoing sentence in Central Jail, Udaipur and has served more than six years of imprisonment without remission.

3. Vide order dated 25.5.2021, the District Magistrate, Jhalawar granted the petitioner emergent parole for a period of 15 days under Rule 10A of the Rajasthan Prisoners (Release on Parole) Rules, 1958 on account of his father suffering from Covid-19. Vide application dated 4.6.2021, the petitioner applied for extension of emergent parole before the Inspector General of Prisons, Rajasthan and District Magistrate, Jhalawar; but, with no response. The State Government vide Notification dated 10.04.2020 inserted Rule 10B in the Rules of 1958 which reads as under:

10-B. Special Parole in the wake of COVID-19 Pandemic.-(1) Not withstanding anything contained in rules 3, 4, 5, 9, 10 and 10A, in the wake of emergent situations of ongoing COVID-19 PANDEMIC which warrants immediate easing of population of prisoners in the prison, the State Government in order to secure the interest of prisoners, on the recommendation of the Prisoners Parole Advisory Committee, may grant Special Parole, for a period not exceeding four weeks, to a prisoner who has already availed first, second or third Parole peacefully and his behavior has been good during the period of such parole. The Special Parole under this rule shall be granted on such terms and conditions as may be considered necessary by the State Government:

Provided that special parole under this rule shall not be granted to the prisoner who has been convicted for the offence related to Acid Attack, Rape, Dacoity, Murder, section 4 or 6 of the Protection of Children from Sexual Offence Act, 2012, the Narcotic Drugs and Psychotropic Substances Act, 1985, Economic Offences, the Prevention of Corruption Act, 1988, the Prevention of Money Laundering Act, 2002, Anti National Activities, the Unlawful Activities (Prevention) Act, 1967 or any other offence of similar nature or the cases investigated by any central investigating Agencies.

(2) The prisoners who are already availing first, second or third parole or the parole of 40 days granted every year, as the case may be, on the date of commencement of these rules i.e. the Rajasthan Prisoners Release on Parole (Amendment) Rules, 2020, the period of such parole shall be deemed to be extended upto 03rd May 2020.”

4. The State Government vide Notification dated 17.5.2021 amended Rule 10B of the Rules of 1958 which reads as under:

“2. Amendment of rule 10-B.- In rule 10-B of the Rajasthan Prisoners Release on Parole Rules, 1958,-

(