Case Note & Summary
The petitioners, Mrs. Cecilia Fernandes and Ms. Gayatri V. Bansode, filed a Criminal Writ Petition before the Bombay High Court at Goa seeking the release of a prisoner on parole to enable him to participate in his own marriage. The prisoner had applied to the Inspector General of Prisons (respondent no.2) as early as 1.12.2016 for parole to attend his marriage scheduled on 27.12.2016, but the application was not considered. The petitioners contended that the case fell within the ambit of 'sufficient cause' under Rule 324(2) of the Goa Prisons Rules, 2006 as amended in 2008, and that the court had the power to order release on parole. The learned Advocate for the petitioners, Shri R. Menezes, argued that the prisoner had been released several times earlier on furlough or parole and had good conduct. The learned Additional Public Prosecutor, Shri M. Amonkar, waived notice on behalf of the respondents. The court, after hearing both sides, found that the prisoner's marriage constituted 'sufficient cause' and directed the respondents to release the prisoner on parole for a period of 15 days, subject to usual conditions. The court also directed the respondents to consider the application expeditiously and pass appropriate orders.
Headnote
A) Prisons Law - Parole - Sufficient Cause - Marriage - Rule 324(2) of the Goa Prisons Rules, 2006 (as amended in 2008) - The court considered whether a prisoner's own marriage constitutes 'sufficient cause' for grant of parole. The court held that the prisoner's impending marriage, supported by civil registration records and an application made well in advance, falls within the ambit of 'sufficient cause' under the amended rule. The court directed the respondents to release the prisoner on parole for a period of 15 days to enable him to participate in his marriage, subject to usual conditions. (Paras 2-5)
Issue of Consideration
Whether the petitioner's case falls within the ambit of 'sufficient cause' under Rule 324(2) of the Goa Prisons Rules, 2006 as amended in 2008, entitling the prisoner to be released on parole to participate in his own marriage.
Final Decision
The court directed the respondents to release the prisoner on parole for a period of 15 days to enable him to participate in his marriage, subject to usual conditions. The respondents were also directed to consider the application expeditiously and pass appropriate orders.
Law Points
- Parole
- Sufficient cause
- Marriage
- Rule 324(2) Goa Prisons Rules 2006
- Amendment 2008
