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Rajasthan Takes Cognizance After Prisoner Death Following Denied
In a poignant turn of events, the of Judicature for Rajasthan at Jodhpur has initiated proceedings to examine the state's parole guidelines after the death of an ailing female prisoner. The bench, comprised of Acting Chief Justice Sanjeev Prakash Sharma and Justice Sanjeet Purohit, expressed deep concern over the denial of , which ultimately resulted in the prisoner passing away while still in custody.
A Tragic Denial of Medical Relief
The case originated from a plea filed by the son of Smt. Manju Devi, who had requested for his mother, a prisoner at the . She was reportedly suffering from severe medical conditions, including chronic comorbidities, heart failure, and complex cardiac and pulmonary disorders. Despite her critical state, the , acting under the current state regulations, rejected her application for release to seek adequate medical treatment.
By the time the matter reached the , the petitioner had passed away. Consequently, the Court dismissed the as having been . However, the bench refused to let the matter conclude there, highlighting the systemic failure inherent in the interpretation of existing administrative rules.
Examining the "Insensitivity" of Parole Rules
The scrutinized the , specifically Rule 11(1)(i). This provision currently allows for the grant of parole when a prisoner’s "near relative" is suffering from a serious illness, yet it appears silent or restrictive regarding the prisoner’s own life-threatening health crises. The Court found the interpretation applied by the to be overly rigid, favoring procedural adherence over humanitarian necessity.
Key Observations
The bench did not mince words regarding the handling of the case, noting:
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"The appellant has expired on account of her illness in jail."
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"We find that it is a classic case of insensitiveness on the part of concerned , who denied parole to the deceased applicant, who was suffering from severe medical condition."
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"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."
Future Implications for Prisoner Rights
Recognizing the complexity of the matter, the Court has appointed as to provide legal assistance. The petition has been set for hearing on . This case is expected to force a significant re-evaluation of the 2021 Rules to ensure that fundamental medical rights are not ignored for individuals in state custody. By challenging the restrictive interpretation of current statutes, the Court aims to establish a more compassionate framework for managing the health and well-being of incarcerated persons across Rajasthan.
