CRLW-515/2020]
2. And whereas, in order to consider parole to
TADA convict Fazlur Rehman Sufi @ Shamim, this
Ministry sought inputs from the authorities ... CRLW-515/2020]
2. And whereas, in order to consider parole to
TADA convict Abre Rehmat Ansari, this Ministry sought
inputs from the authorities concerned
petitioners, they applied for parole. Short method /
indirect method by way of parole cannot be evolved because the
petitioners are TADA convicts. Hence, the petitioners ... therein.
There cannot be any dispute that the parole
applications of the accused convicted under the TADA Act would
not lie to the State Government
Terrorist and Disruption Activities (Prevention) Act, 1987
(hereinafter referred to as " TADA Act ") and sentenced to
imprisonment for life. The petitioner has suffered ... years of
imprisonment and he has been released 18 times on parole and
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Section 3(2) of
TADA Act, 1987 and 120B of the Indian Penal Code , has
prayed for release on emergency parole for the period
death
parole. According to the petitioner, the condition imposed upon him
of depositing costs of police escort for grant of emergency death
parole of three ... convict undergoing sentence of life
imprisonment, upon being convicted and sentenced by TADA Court
at Mumbai, in the Bomb Blast Case. He has undergone more
contingencies mentioned in Rule 4 of the Prisons
(Bombay Furlough and Parole) Rules, 1959 and only
thereafter, should express their opinion in this regard.
Similarly ... authorities have simply
said that the offence under Indian Penal Code and
TADA Act is registered against the petitioner. DIG
Prisons, in his order does
Supreme Court while dealing
with the issue with regard to denial of parole to the prisoners
convicted in a case of serious and heinous crime ... convicted in a case of serious and heinous crime and, therefore,
parole cannot be claimed as a matter of right. As per the
discussion that
mentioned. In our clear opinion the Special Acts like
POCSO and/or TADA are certainly required to be read in
the proviso ... Special Act (POCSO Act ) are not entitled to the
benefit of emergency parole. On being pointed out judgment of Full
Bench, the Advocate
application of the petitioner - convict seeking emergency covid
parole.
3. By order dated 9th September 2020 this Court [Coram: T.V.
Nalawade ... convict under the
provisions of TADA and sentenced to life imprisonment and
though specifically TADA is not mentioned in the notification, the
Special Acts
TADA Act and section 120B of the IPC read with 3(3) of
TADA Act read with 5(ii) TADA read with ... Substances Act read with 9B Explosive Substance
Act and was convicted in TADA Case No. 1 of 1993 for life
imprisonment by the learned trial