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SANDEEP MEHTA, VINOD KUMAR BHARWANI
Girdhari Singh – Appellant
Versus
State Of Rajasthan – Respondent
ORDER
1. The instant writ petition has been preferred on behalf of the convict petitioner Girdhari Singh seeking to assail the inaction of the respondents in deciding the emergent parole application submitted on behalf of the convict petitioner on the ground of death of his mother.
2. This Court was apprised that the convict's mother expired on 09.03.2022. The application for interim parole was filed to the Superintendent, Central Jail, Bikaner on 10.03.2022 but the same was not decided for almost a month whereupon, the instant writ petition came to be submitted. On 08.04.2022, this Court gave an oral direction to learned AAG to ensure that the parole application of the convict is decided whereafter the convict-petitioner has been enlarged on emergent parole vide order dated 09.04.2022.
3. By order dated dated 12.04.2022, we had directed that the District Magistrate, Bikaner and the Superintendent, Central Jail, Bikaner to remain present in the Court to show cause and to explain as to why disciplinary proceedings may not be directed against them for blatant non-compliance of Rule 23 of the Rajasthan Prisoners Release on Parole Rules, 2021 as per which, the application for emergent par
Officials must comply with the Parole Rules, 2021 and ensure timely decision on emergent parole applications, especially in cases of humanitarian grounds.
The court emphasized the importance of timely decision-making on emergent parole applications and held the authorities accountable for non-compliance with the rules and court directions.
The court mandates timely decisions on parole applications under the Rajasthan Prisoners Release on Parole Rules, emphasizing the urgency of humanitarian grounds such as a wife's delivery.
The policy of the State on the date of conviction would be the determinative factor in determining the entitlement of a convict for premature release.
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