Rajasthan High Court - Jaipur
Asfaq S/O Shri Abdul Aziz vs The State Of Rajasthan Through Joint ... on 7 July, 2025
Author: Bhuwan Goyal
Bench: Bhuwan Goyal
[2025:RJ-JP:24918-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Criminal Writ Petition (Emergent Parole) No. 631/2025
Asfaq S/o Shri Abdul Aziz, R/o Nagouri Mohalla Satmarg Near
Ramkaran School Dausa (Raj.) (At Present Confined In Central
Jail Jaipur (Raj.) Through His Son Farookh Khan Son Of Shri
Asfaq Aged About 27 Years R/o Lalsot Road Opposite Purana
Cinema Hall Dausa Dist. Dausa (Raj.)
----Petitioner
Versus
1. The State Of Rajasthan Through Joint Secretary (Home),
Government Of Rajasthan, Secretariat, Jaipur (Raj.)
2. The Director General Of Prisons, Directorate Prisons,
Ghatgate, Jaipur (Raj.)
3. The Union Of India Through The Ministry Of Home Affairs,
Govt. Of India, Is-Ii, Division/legal Cell -1, 2Nd Floor,
Major Dhyan Chand National Stadium, Near India Gate,
New Delhi
4. Superintendent Central Jail, Jaipur (Raj.)
----Respondents
For Petitioner(s) : Mr. Tekchand Swami For Respondent(s) : Mr. Sudesh Saini, AGA with Mr. Aman Kumar Mr. C.S. Sinha with Mr. Mayank Kamwar and Mr. Dev Yadav HON'BLE MR. JUSTICE AVNEESH JHINGAN HON'BLE MR. JUSTICE BHUWAN GOYAL Order 07/07/2025
1. This petition is filed seeking quashing of order dated 03.05.2025 rejecting the prayer of the petitioner for grant of emergent parole.
2. Learned counsel for the petitioner contends that the wife of the petitioner is suffering from a fourth stage cancer and is (Downloaded on 08/07/2025 at 09:53:56 PM) [2025:RJ-JP:24918-DB] (2 of 2) [CRLW-631/2025] critically ill. He further submits that the petitioner has already availed four paroles and had surrendered on time.
3. Learned Additional Government Advocate submits that the prayer for emergent parole was rejected on the ground that the petitioner was convicted under the Terrorist and Disruptive Activities (Prevention) Act, 1987 (for short 'TADA').
4. The petitioner has already availed four paroles and nothing has been brought to the notice of this Court that these orders were ever challenged. In such circumstances, the ground for rejection of parole that the petitioner was convicted under the TADA Act, cannot be sustained.
5. The impugned order is set aside. The matter is remitted back to the respondent No.1 - Joint Secretary (Home), Government of Rajasthan to decide the prayer for emergent parole afresh in accordance with law after verifying the factual aspects within fifteen days from today.
6. The criminal writ petition is allowed. (BHUWAN GOYAL),J (AVNEESH JHINGAN),J Sudeepak/96-S (Downloaded on 08/07/2025 at 09:53:56 PM) Powered by TCPDF (www.tcpdf.org)