Rajasthan High Court - Jaipur
Dr M Jamaal Alvi vs State Of Raj And Anr on 30 May, 2019
Bench: Mohammad Rafiq, Narendra Singh Dhaddha
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Civil Writ Petition No. 6093/2018
Dr. M. Jamaal Alvi S/o Mateenuddin, Age 81 years, By Caste
Muslim, R/o Chawal Wali Gali, Nakhas Chowk Lucknow U.P. (at
present confined In Central Jail Jaipur Rajasthan).
----Petitioner
Versus
1. The State of Rajasthan through Special Secretary to
Government of Rajasthan Home (Group-12) Home
Department, Secretariat, Jaipur.
2. I.G. Prison, Rajasthan.
----Respondents
For Petitioner(s) : Shri Kaleem Ahmed Khan For Respondent(s) : Shri Udit Sharma on behalf of Shri Rajesh Mehrishi, AAG HON'BLE MR. JUSTICE MOHAMMAD RAFIQ HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA Order 30/05/2019 Contention of learned counsel for the petitioner is that petitioner is aged 82 years old and he has completed 25 years in jail, however, he has not been granted parole even once after his conviction. During trial, he was granted parole on four occasions and each time he surrendered back on time and never misused the liberty.
Learned counsel for the petitioner submitted that the Supreme Court in M.A. No.1178/2018 in C.A. No.10464/2017 vide order dated 14.5.2018 granted parole of 21 days to co-accused of petitioner i.e. Asfaq considering that he was in jail for more than 23 years. On that basis this Court by order dated 2.8.2018 (Downloaded on 29/06/2019 at 05:19:52 AM) (2 of 2) [CW-6093/2018] granted parole of 20 days to another co-accused Habib Ahmed Khan considering that he was 92 years old and co-accused Asfaq was granted parole by the Supreme Court.
Shri Udit Sharma, learned counsel on behalf of Shri Rajesh Mehrishi, learned Additional Advocate General submits that as per the notification of the Union Government dated 9.11.1955, those convicted for TADA Act have to apply for parole to the Government of India and that in the case of Habib Ahmed Khan relied by learned counsel for the petitioner, he approached this Court only after his application for grant of parole was rejected by the Government of India, whereas petitioner has so far not approached the Government of India.
Having regard to the facts aforesaid, we require the petitioner to submit an application for parole before the Union Government through its Secretary, Ministry of Home Affairs, New Delhi, who shall consider and decide the same within eight weeks of its submission by the petitioner along with copy of this order.
The petition is disposed of accordingly. (NARENDRA SINGH DHADDHA),J (MOHAMMAD RAFIQ),J RAVI SHARMA /26 (Downloaded on 29/06/2019 at 05:19:52 AM) Powered by TCPDF (www.tcpdf.org)