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2026 Supreme(Online)(Raj) 19125
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Sanjeev Prakash Sharma, ACJ, Sanjeet Purohit, J
Manju Devi – Appellant
Versus
State Of Rajasthan – Respondent
D.B. Civil Writ Petition (Emergent Parole) No. 16862/2026
Important Points
Subject
Criminal Law - Prisoner Rights
Act Referred
Headnote
(B) Suo Moto Cognizance - Rule 11(1)(i) of Rajasthan Prisoners Release on Parole Rules, 2021 - The Court directed the registration of a Suo Moto petition to examine the validity of a rule that allows parole for the illness of near relatives but excludes the inmate's own illness as a ground for grant. (Para 4)
Issues: Whether the provisions of Rule 11(1)(i) of the Rajasthan Prisoners Release on Parole Rules, 2021, which exclude an inmate's own illness as a ground for parole, are just and reasonable.
For the Appellants/Petitioners: Laxmi Devi, Sambhavi Mardia
For the Respondents: Kuldeep Singh, Deepak Choudhary
| Table of Content |
|---|
| 1. petition abated due to the death of the petitioner. (Para 1 , 2) |
| 2. court initiates suo moto review of parole rules regarding inmate illness. (Para 3 , 4) |
| 3. procedural directions for amicus curiae and listing of the case. (Para 5 , 6 , 7) |
Order
1. The appellant has expired on account of her illness in jail.
2. The present petition for parole is dismissed, as having been abated.
3. However, we find that it is a classic case of insensitiveness on the part of concerned District Magistrate, who denied parole to the deceased applicant, who was suffering from severe medical condition and her son had requested to grant her parole so that she may be treated properly. For the reasons, which have come in the rejection order, we find that the interpretation of Rajasthan Prisoners Release on Parole Rules, 2021 (for short “Rules of 2021”) by the concerned Officer has resulted in denial of parole.
4. We, therefore, direct the Registry to register a Suo Moto petition, taking cognizance of the present circumstances and the case be listed to examine the provisions of the Rules of 2021 specifically Rule 11(1)(i), which allows granting of parole on serious illness of near relatives to an inmate, but does not allow grant of parole on account of his/her own illness.
5. Ms. Sambhavi Mardia, learned counsel, is appointed as Amicus Curiae to assist the Court.
6. A copy of the paper book and this order made available to her.
7. List the Suo Moto on 19.08.2026.
