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2022 Supreme(Raj) 2518

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Sandeep Mehta, Rameshwar Vyas, JJ.
Girdhari Singh – Appellant
Versus
State Of Rajasthan – Respondent
Criminal Writ Petition No. 131/2022
Decided On : 12-04-2022

Advocates appeared:
Ms. Ranjana Singh Mertia, for the Appellant, Mr. Anil Joshi, Ga-Cum-Aag, Mr. R. Anantheswaran, Supdt., Central Jail, Bikaner Is Present In Person, for the Respondent.

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.

Headnote:

Parole - Emergent Parole - The court directed the jail and parole authorities to decide emergent parole applications within a specific timeframe, as per Rule 23 of the Rajasthan Prisoners Release on Parole Rules, 2021. The court found the authorities in contempt of its directions and in gross non-compliance of the rules, and ordered disciplinary proceedings against them.

Fact of the Case:

The convict-petitioner's mother expired, and an application for interim parole was not decided within a reasonable time, leading to the filing of a writ petition.

Finding of the Court:

The court found that the authorities had acted in contempt of its directions and in gross non-compliance of Rule 23 of the Rules of 2021. The convict-petitioner was granted emergent parole for 7 days, which was extended to 15 days.

Issues: Delay in deciding emergent parole application, Contempt of court's directions, Non-compliance with Rule 23 of the Rules of 2021

Ratio Decidendi: The court directed the jail and parole authorities to decide emergent parole applications within a specific timeframe, as per Rule 23 of the Rajasthan Prisoners Release on Parole Rules, 2021.

Final Decision: The District Collector, Bikaner and the Superintendent, Central Jail, Bikaner were ordered to show cause as to why appropriate disciplinary proceedings may not be directed against them. The convict-petitioner was granted 15 days emergent parole.

ORDER

1. The petition at hand presents a very sorry state of affairs. The convict-petitioner's mother expired on 09.03.2022. An application for interim parole was filed on behalf of the petitioner to the Superintendent, Central Jail, Bikaner on 10.03.2022. But it was not decided for the purported reason that the prayer in the application was for grant of 15 days' emergent parole. The Superintendent, Central Jail, Bikaner reportedly forwarded the application to the District Collector, Bikaner, who remitted it back to the Superintendent, Central Jail, Bikaner for passing appropriate order. Nearly a month had passed since the petitioner's mother expired, where after he moved the instant writ petition.

2. While issuing notices on 08.04.2022, an oral direction was given to the learned GA-cum-AAG that the emergent parole (application of the petitioner should be decided, where after, he has been released on emergent parole.

3. This Court has time and again directed the jail as well as parole authorities to remain vigilant while deciding the emergent parole applications and to ensure that orders are passed thereupon within 7 days of presentation. Now under Rule 23 of the Rajasthan Prisoners Release on Parole Rules, 2021, an application for emergent parole is required to be decided within 4 days of presentation. Apparently, the Superintendent, Central Jail, Bikaner as well as District Collector, Bikaner have acted in contempt of this Courts' directions as also in gross non-compliance of Rule 23 of the Rules of 2021.

4. The District Collector, Bikaner and the Superintendent, Central Jail, Bikaner shall remain present before this Court on the next date of hearing and show cause as to why appropriate disciplinary proceedings may not be directed against them.

5. Ms. Mertia submits that the convict-petitioner has been granted only 7 days emergent parole by the Superintendent, Central Jail, Bikaner. The said period is extended to 15 days.

6. List the matter on 18.04.2022.

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