Rajasthan High Court - Jaipur
Abdul Majid S/O Shri Asrar Ahamd vs The State Of Rajasthan on 28 November, 2022
Bench: Manindra Mohan Shrivastava, Vinod Kumar Bharwani
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Criminal Writ Petition (Parole) No. 779/2022
Abdul Majid S/o Shri Asrar Ahamd
----Petitioner
Versus
The State Of Rajasthan & Ors.
----Respondents
For Petitioner(s) : Mr. T.C. Swami, Advocate For Respondent(s) : Mr. Ghan Shyam Singh Rathore, GA cum AAG Mr. Prakash Rajpurohit-DM Jaipur Mohd. Abubakr-ADM South City HON'BLE MR. JUSTICE MANINDRA MOHAN SHRIVASTAVA HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI Order 28/11/2022 Heard.
In compliance of directions issued by this Court earlier, District Magistrate, Jaipur is present in the Court. A reply on behalf of the respondents has also been filed which shows that though belatedly, an order rejecting application for emergent parole has been passed by the Authority on 23.11.2022.
This petition was filed when no decision was taken on the emergent parole application. Now that the application has been rejected, the same is required to be challenged.
Learned counsel for the petitioner submits that a copy of the order of rejecting emergent parole has been supplied to him today itself and he would be moving appropriate amendment application. He prays for two days time.
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(2 of 3) [CRLW-779/2022] This Court had expressed concerned over the delay in decision of the emergent parole applications. We find that despite statutory mandate and various directions, which have been issued by this Court from time to time, delay at times has occasioned in disposal of emergent parole applications. In the peculiar circumstances of the present case, as is born out from the reply, the file itself was missing and not traceable. Respondents have placed on record a notice issued to the concern official in the office of the District Magistrate, Jaipur who is said to be responsible for missing of the relevant file containing emergent parole application filed by the petitioner. The District Magistrate, Jaipur, who is present today in the Court, is directed to take appropriate action against the erring official who is responsible for the missing of the file and inform the Court regarding the steps taken in that regard so that in future such mistakes do not occur. In future, all cases where applications for grant of emergent parole are filed, the applications shall be positively decided one way or the other, in accordance with the provisions contained in the Rule 11 of the Rajasthan Prisoners (Release on Parole), Rules, 2021, which mandate decision of such applications within seven days. This Court considers it appropriate to remind all authorities who are dealing with applications for emergent parole that as per the provision relating to emergent parole is by itself an emergency provision, providing for reliefs in critical cases of urgency, the system prevailing in the offices dealing with such applications has to be put in place and no laxity in dealing with the applications should be allowed. In future also, if the application for grant of emergent parole is not decided within seven days, the Collector of the concern District would be under responsibility to take (Downloaded on 01/12/2022 at 12:25:10 AM) (3 of 3) [CRLW-779/2022] appropriate and emergent disciplinary action and other kind of necessary action against those officers who are responsible for delay in decision of the application of emergent parole. We also direct the State Government that in future, any delay in decision of emergent parole application shall be viewed strictly and whoever is responsible for such delay shall be dealt with appropriately at the departmental level and no laxity would be permissible.
List this case on 01.12.2022.
On the next date of hearing, though presence of the District Magistrate, Jaipur would not be necessary and he is exempted from personal appearance, nevertheless, the steps taken towards disciplinary action would be informed to the Court by an appropriate affidavit to be filed by the District Magistrate, Jaipur himself.
(VINOD KUMAR BHARWANI),J (MANINDRA MOHAN SHRIVASTAVA),J Mohita /321 (Downloaded on 01/12/2022 at 12:25:10 AM) Powered by TCPDF (www.tcpdf.org)