Case Note & Summary
The petitioner, Mohammad Wasim Mohammad Imam Bhiwaniwale, a prisoner in Washim District Jail, filed a criminal writ petition before the Bombay High Court seeking release on parole to attend the death rituals of his grandmother. The petitioner was represented by Advocate S.D. Chande, who argued that under Rule 19 of the Prisons (Bombay Furlough and Parole) Rules, 1959, the petitioner was entitled to parole for such a family emergency. The State of Maharashtra, represented by Additional Public Prosecutor R.S. Nayak, opposed the petition, contending that the list of relatives in Rule 19 does not include grandmother and thus the petition should be dismissed. The Court examined Rule 19, which enumerates grounds for parole including death of a near relative. The Court noted that the rule uses the term 'near relative' without exhaustive definition and held that a liberal interpretation should be adopted to include grandmother, as the object of parole is to allow prisoners to attend to urgent family matters. The Court allowed the petition and directed the respondents to release the petitioner on parole for a period of 15 days from the date of release, subject to usual conditions. The Court also directed that the petitioner be taken to the funeral and back under police escort if necessary, and that the parole period be extended if required by the circumstances.
Headnote
A) Prisons and Parole - Interpretation of 'Near Relative' - Rule 19 of Prisons (Bombay Furlough and Parole) Rules, 1959 - Parole for Grandmother's Death - The petitioner sought parole to attend the death rituals of his grandmother. The State opposed, arguing that grandmother is not included in the list of relatives under Rule 19. The Court held that the term 'near relative' should be liberally construed to include grandmother, as the purpose of parole is to enable the prisoner to attend to family emergencies. The Court allowed the parole for a period of 15 days. (Paras 2-5)
Issue of Consideration
Whether the term 'near relative' in Rule 19 of the Prisons (Bombay Furlough and Parole) Rules, 1959 includes grandmother for the purpose of granting parole to attend death rituals.
Final Decision
The Court allowed the petition and directed the respondents to release the petitioner on parole for a period of 15 days from the date of release, subject to usual conditions. The Court also directed that the petitioner be taken to the funeral and back under police escort if necessary, and that the parole period be extended if required.
Law Points
- Parole granted for death of grandmother
- Rule 19 of Prisons (Bombay Furlough and Parole) Rules
- 1959
- liberal interpretation of 'near relative'
