that he would be granted the first regular parole under the Rajasthan Prisoners (Release of Parole) Rules, 1958 ('the Rules', for short). However ... prisoners convicted under the NDPS Act and TADA Act are no longer eligible for grant of parole. Therefore, the petitioner has rightly been denied
ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CRIMINAL APPLICATION (PAROLE LEAVE) NO. 4093 of 2014
================================================================
MUSHRAFKHAN GOREKHAN PATHAN....Applicant(s)
Versus
STATE ... judgment and order dated 21.10.2002 passed in TADA
Case No. 144 of 1993 to release him on parole leave on the ground of
sickness
denovo consider the application of the Petitioner in the said case for parole.
3. Per contra, the learned APP Mrs. P. P. Shinde would draw ... State of Rajasthan (supra) which concern an application for parole by a
TADA convict has made the following observation in paragraph 19. The
said paragraph
Activities (Prevention) Act, 1987 (for short 'TADA').
4. The petitioner has already availed four paroles and nothing
has been brought to the notice ... such circumstances, the ground for
rejection of parole that the petitioner was convicted under the
TADA Act , cannot be sustained.
5. The impugned order
2022
1. Petitioner has preferred this writ petition(parole) for grant of
emergent parole to the petitioner on the ground of his medical
condition ... parole). It is contended that accused stands convicted in
TADA and the writ petition(parole) does not lie before the High
Court.
6. Counsel
however, he has not been granted parole even once after his
conviction. During trial, he was granted parole on four occasions
and each time ... 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
Notification dated
26.8.2016, the persons who are convicted under TADA Act ,
cannot be released on parole. It is noticed that in the
petition in paragraph ... parole on 26.8.2016, hence, on
26.8.2016, in view of the notification, he cannot be released
on parole as he has been convicted under TADA.
jfoanz
Corpus, directing the first respondent to grant one month parole to the detenue J.Aslam @ Tada Aslam, S/o.Jailaputheen (C.T.No.18819), aged ... that, the detenue, who is her husband, be granted one month parole. It is the assertion of the petitioner that she has been married
respondent
No.2 by which regular parole was refused to the petitioner. He had
prayed for regular parole on the ground of sickness ... parole, only the offences for which the
conviction given can be considered. As he is not convicted for any
offences under the provisions of TADA
Through Government Advocate.
2. The Superintendent, Central Jail, Jaipur.
3. The District Parole Advisory Committee Through The
District Magistate, Jaipur, Raj.
4. Union Of India ... there is no impediment in law for grant of
parole to those convicted under TADA.
Since there is no prayer in the present petition
