Stringent Statute viz. TADA Act , where
appeal, governed by said Law, lies before
Hon'ble Apex Court.
[b] TADA Act is a 'Class ... release either on parole or furlough, is
maintainable; when the prisoner is convicted &
sentenced by Designated Court under TADA Act, 1987 ,
and appeal
this Court on
21.06.2017. It was a case where TADA Convict was
released on emergency parole for a period of 30 days. The
another decision ... Altaf Ali Mushtaq Ali
Sayed's case, released the TADA prisoner on emergency
parole and the said decision is, therefore, not an authority
this Court on
21.06.2017. It was a case where TADA Convict was
released on emergency parole for a period of 30 days. The
another decision ... Altaf Ali Mushtaq Ali
Sayed's case, released the TADA prisoner on emergency
parole and the said decision is, therefore, not an authority
rule 4(13), which disqualifies a convict under TADA
from getting benefit of regular parole. This provision was not
under consideration of the Supreme Court ... about
terrorist crime, for being released on regular parole. The
petitioner is convicted under TADA and, therefore, he would not
be eligible for grant
oder of Respondent No.3 [being order dated
20th March 2017] refusing parole to the Petitioner, is rejected.
2. Mr. Gawankar, learned counsel ... Apex Court was about the grant of parole to such convicts
who were convicted under the TADA Act and awarded life
imprisonment. Mr. Gawankar
prisoners can be considered for giving them emergency
parole and such parole is subject to the condition
mentioned in the notifcation itself. In view ... proviso
which bars for grant of parole, the petitioner is entitled for
release on emergency parole. However, in 'Sardar s/o. Shawali
proviso which bars for grant of parole, the
petitioner is entitled for release on emergency parole.
However, in 'Sardar s/o. Shawali Khan ... prisoners can be
considered for giving them emergency parole and such parole is
subject to the condition mentioned in the notification itself. In
view
Indian Penal Code, and also under
Sec.3 [2][3] of TADA Act , on 20-04-1993. Advocate
Shri Piratwad
ig states that since then ... neither released on
bail any time till now nor on parole or furlough.
If the Writ Petition is allowed, this would be the
first occasion
hereinafter referred to as the " TADA Act ") are not entitled to be released
on parole or furlough. The said rule cannot be made ... parole and furlough. On 03.08.2018, he was
granted parole/furlough leave on 18.08.2018 to 03.10.2018. Thereafter,
on 23.10.2023, he was granted parole/furlough leave between
fled by in all 15 prisoners for the
relief of emergency parole under the scheme published by the
Government in the Notifcation dated ... under special act i.e. TADA, the higher power
committee has rejected the request of the petitioner for
parole.
2. Mr. Suryawanshi, the learned advocate
