ORDER :

1. D.B. Cr. Misc. Application Nos. 1/2021 dated 5.7.2021 and 1/2021 dated 6.7.2021 have been filed for amending the writ petitions.

2. Applications are allowed and the amended writ petitions are taken on record.

3. D.B. Cr. Writ Petition (Parole) No. 438/2021 has been filed by the convict-petitioner Mohd. Aejaz Akbar; D.B. Cr. Writ Petition No. 444/2021 has been filed by convict-petitioner Shamshuddin; D.B. Cr. Writ Petition (Parole) No. 697/2021 has been filed by the petitioner Mohd. Amin and D.B. Cr. Writ Petition (Parole) No. 890/2021 has been filed by the convict petitioner Mohammad Afaq under Article 226 of the Constitution of India with a prayer that the petitioners be released on 2nd parole for 30 days.

4. Learned counsel for the petitioners submit that the petitioners have been convicted by the designated Terrorist and Disruptive Activities (Prevention) Act, 1987 (for short, 'the TADA') Court, Ajmer vide judgment dated 28.2.2004 in Sessions Case No. 6/1994 under the TADA Act and sentenced to undergo life imprisonment. They have served more than 26 years of sentence. The petitioners filed a statutory appeal before the Hon'ble Apex Court, which came to be dismissed vide order dated 11.5.2016. They further submitted that the petitioners were granted 21 days parole by the Hon'ble Apex Court vide order dated 4.10.2019. They further submitted that convict petitioner Mohammad Aejaz Akbar's father is about 75 years of age and is on death bed; convict-petitioner Shamshuddin is suffering from neurological disorders, cervical spondylosis and bulging of intervertebral Disc and other ailments since 2010; convict petitioner Mohammad Amin is about 85 years of age and suffering from various ailments and convict petitioner Mohammad Afaq is a poor person and he has to discharge his family liability. The petitioners sent representation/application to the Ministry of Home Affairs, Government of India for their premature release, but the same was not considered in proper and legal manner and was dismissed in a mechanical manner.

5. They further submitted that on 11.9.2017, Hon'ble Supreme Court framed the guidelines in the case of co-accused Asfaq Versus State of Rajasthan reported in (2017) 15 SCC 55. In that view of the matter, the petitioners again approached the authorities concerned by way of representation/application. Since the grievance of the petitioners were not redressed, they filed D.B. Cr. Writ (Parole) Petitions before this Court, which came to be dismissed/disposed of vide order dated 29.8.2018. Aggrieved by the order dated 29.8.2018, the petitioners approached the Hon'ble Apex Court, wherein vide order dated 4.10.2019 they were granted first parole for 21 days in view of the fact that co-convicts were granted parole vide order dated 17.1.2019 passed by the Coordinate Bench of this Court in D.B. Cr. Writ Petition No. 235/2018-Mohd. Shamsuddin Versus State of Rajasthan and others; vide order dated 26.7.2019 passed by the Coordinate Bench of this Court in D.B. Cr. Writ Petition No. 250/2018-Mohd. Afaq Khan Versus State of Rajasthan as also the order passed by the Hon'ble Apex Court in the case of Asfaq (supra).

6. They further submitted that in the same case, Hon'ble Apex Court has also granted parole to other co-convict Ashfaq vide order dated 14.5.2018 in M.A. No. 1178/2018 in C.A. No. 10464/2017; co-convict Mohammad Amin vide order dated 6.8.2018 in Writ Petition (Crl.) No. 158/2018; co-convict Fazlur Rehman Sufi @ Shamim vide order dated 22.2.2019 in Criminal Appeal No. 340/2019; co-convict Abre Rehmat Ansari vide order dated 15.4.2019 in Writ Petition (Crl.) No. 284/2018 and co-convict Mohammad Afaq vide order dated 26.7.2019 in Writ Petition (Crl.) No. 250/2018. They further submitted that this Court in D.B. Criminal Writ (Parole) Petition No. 515/2020 of co-accused Fazlur Rehman Sufi @ Shamim; D.B. Criminal Writ (Parole) Petition No. 542/2020 of co-accused Asfaq; D.B. Criminal Writ (Parole) Petition No. 609/2020 of co