Rajasthan High Court - Jodhpur
Mohd. Mohseen Khan vs State Of Raj on 18 February, 2013
Bench: Dinesh Maheshwari, Vijay Bishnoi
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DB Parole Petition No.13510/2012
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D.B. Parole Petition No.13510/2012
Mohd. Mosin Khan
Vs.
State of Rajasthan.
DATE OF ORDER: 18th February 2013.
HON'BLE MR. JUSTICE DINESH MAHESHWARI
HON'BLE MR. JUSTICE VIJAY BISHNOI By posts.
Mr. B.K.Mehar] Mr. A.R. Nikub] Government Counsel.
<><><> In this petition where the petitioner-prisoner has stated the grievance of delay in consideration of his matter for being sent to the Open Air Camp, it appears from the material placed on record that earlier, the petitioner sent a petition directly to this Court, being Parole Petition No.12562/2012, that was disposed of on 05.12.2012 by a Co-ordinate Bench, giving liberty to the petitioner to move an appropriate application before the competent authority; and with the direction to the competent authority to consider and decide the same at the earliest.
As per the reply submissions, such an application was indeed moved by the petitioner and the matter was sent to the authorities. The date of such forwarding of the matter, as stated in the reply, has been corrected by the learned Government Counsel in the Court with permission today; and it appears that the same was forwarded on 11.01.2013.
When this Court has directed that the petitioner's case shall be considered at the earliest; and when the same has been sent to the Directorate on 11.01.2013, it was required that final decision thereupon was taken without delay.
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DB Parole Petition No.13510/2012 Having regard to the facts and circumstances, it is considered appropriate and hence directed that if the case of the petitioner- prisoner for being transferred to Open Air Camp is pending yet, it shall be required of the respondents to take final decision thereupon without any further delay and in any case, within 30 days from today.
This petition stands disposed of with the directions and requirements aforesaid while making it clear that in case of any grievance remaining yet, it shall be open for the petitioner to take recourse to the appropriate remedies in accordance with law. (VIJAY BISHNOI), J. (DINESH MAHESHWARI), J. cpgoyal/ -