Rajasthan High Court - Jaipur
Ram Pratap vs State Of Raj on 4 February, 2013
Author: Mohammad Rafiq
Bench: Mohammad Rafiq
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Civil Writ (Parole) Petition No.18746/2012 Ram Pratap @ Ram Prasad Vs. State of Rajasthan Date of Order ::: 04.02.2013 Present Hon'ble Mr. Justice Mohammad Rafiq By post Shri Mahendra Meena, Deputy Government Counsel #### By the Court:-
This writ petition was registered on the letter sent by convict, who is serving his sentence for offence punishable under the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, NDPS Act) for his release on emergent parole for 15 days in order to enable to get his wife medically treated. Petitioner has applied for his release on emergent parole before the Director General (Prison), Rajasthan, Jaipur has rejected his application.
The State Government is not competent to reject the application for release of the petitioner on parole because petitioner is convict under the NDPS Act and his case for release on parole shall have to be forwarded to the Central Government. Reference in this connection may have to the Notification of the Government of India dated 9/11/1955 issued by the Central Government, Ministry of Home Affairs u/S.401(6) of the Code of Criminal Procedure, 1898 and the Rajasthan Prisoners Release on Parole Rules, 1958 (for short, the Rules of 1958).
A Division Bench judgment of this Court in Shambhu Dayal Vs. The State of Rajasthan & Ors. : 2012 (4) WLC (Raj.) 233 has held that even if the convicts are apart from substantive sentence, inflicted with sentence of fine and they do not deposit the fine, their release on parole cannot be declined on that ground.
Learned Public Prosecutor opposed the petition and submitted that petitioner can be released on parole now in view of the Division Bench judgment of this Court in State of Raj. Vs. Mana Singh etc.etc. : RLR 2002(2) 285 only by the Central Government.
Perusal of the case of the petitioner so dealt with by the jail authorities with the State Government under the Rules of 1958 like any other convict for substantive offence of Indian Penal Code, I find that his application has been rejected for various reasons. However, record also reveals that matter has not received consideration by the Central Government. Notification of the Central Government dated 9/11/1955 supra reads, as under:-
MINISTRY OF HOME AFFAIRS New Delhi-2, the 9th November 1955 S.R.O. 3491.-In exercise of the power conferred by sub section (6) of section 401 of the Code of Criminal Procedure, 1898 (Act V of 1898), the Central Government hereby makes the following rules:-
1. Where a petition for suspension of the execution of a sentence of imprisonment or for remission of the whole or part of a sentence of imprisonment is made by or on behalf of a person sentenced to imprisonment for an offence against any law relating to matter to which the executive power of the Union extends and the person sentenced to such sentence of imprisonment is in jail, the execution of the sentence shall be suspended and such person released on parole, subject to the conditions specified in rule 3, for such period, not exceeding fifteen days, as may be necessary for obtaining the orders of the Central Government on the petition, if the State Government of the State in which such person is detained in jail is satisfied that the immediate release of such person on parole is rendered necessary by reason of any illness constituting a grave threat to the life of such person or of a parent, wife, husband or child of such person.
2. A State Government ordering a release on parole under rule 1 shall forthwith report the full facts and circumstances of the case to the Central Government while forwarding the petition to the Central Government and the Central Government may on consideration of the report and petition make such order as they deem fit.
3. A person released on parole under rule 1 shall enter into a bond undertaking to reside during the period of his parole at a place specified therein and not depart therefrom without the previous permission of the State Government and to return to the jail in which he is confined on expiry of the period of his parole, and to conform to such other conditions as the State Government may consider necessary.
Clause (2) of the aforesaid notification clearly indicates that the State Government on receipt of application for release on parole, is required to forthwith report the matter with the facts and circumstances of the case to the Central Government, which may pass order as it may deem fit. The said exercise has not been undertaken in any of these matters.
Petition is disposed of directing the authorities of the respondent-State Government to forward application of the petitioner along with police report and his internal routine report about his jail conduct with facts and circumstances of the case to the Central Government. It is expected of the Central Government to pass appropriate order on his application within two months from the date of receipt of such report with regard to release of the petitioner on emergent parole. A copy of this order be sent to the Inspector General of Prisons, Jaipur Rajasthan for compliance.
(Mohammad Rafiq) J.
//Jaiman//110 All corrections made in the judgment/order have been incorporated in the judgment/order being emailed.
Giriraj Prasad Jaiman PS-cum-JW