Case Note & Summary
The petitioner, a convict aged about 69 years, was undergoing imprisonment at Central Prison, Nagpur. He applied for emergency parole to attend his daughter's marriage scheduled on 28-06-2018. The respondent No.1 (D.I.G. of Prisons) rejected the application by order dated 15-06-2018, relying on the proviso to Rule 19(1) of the Maharashtra Prisons Rules, as amended by notification dated 16-04-2018. The proviso bars a prisoner from being granted emergency or regular parole within one year of his return to prison after availing such parole. The petitioner had last been released on regular parole on 05-08-2017 for two months and returned on 05-10-2017. Since one year had not elapsed from his return, the authorities denied parole. The petitioner challenged this rejection before the Bombay High Court. The court held that the proviso applies only to cases where the previous parole was granted after the notification came into force. Since the petitioner's previous parole was granted before the notification, and this was the first occasion after the notification, the bar did not apply. The court quashed the impugned order and directed the petitioner's release on emergency parole for fourteen days for the marriage, subject to compliance with conditions.
Headnote
A) Prisons Law - Emergency Parole - Interpretation of Amended Rule - The proviso to Rule 19(1) of the Maharashtra Prisons Rules, introduced by notification dated 16-04-2018, which debars a prisoner from being granted emergency or regular parole within one year of return from previous parole, applies only to cases where the previous parole was granted after the notification came into force. In the present case, the petitioner's previous parole was granted on 05-08-2017, before the notification, and the present application is the first occasion after the notification. Therefore, the bar does not apply, and the petitioner is entitled to emergency parole for his daughter's marriage. (Paras 2-3)
Issue of Consideration
Whether the proviso to Rule 19(1) of the Maharashtra Prisons Rules, introduced by notification dated 16-04-2018, which bars a prisoner from being granted emergency or regular parole within one year of return from previous parole, applies to a case where the previous parole was granted before the notification came into force.
Final Decision
The petition is allowed. The impugned order dated 15-06-2018 is quashed and set aside. The petitioner shall be released forthwith on emergency parole for a period of fourteen days for the purpose of his daughter's marriage scheduled on 28-06-2018, after necessary compliance. The petitioner shall abide by all conditions imposed by the authorities. Rule is absolute. No order as to costs.
Law Points
- Proviso to Rule 19(1) of the Maharashtra Prisons (Mumbai
- Pune
- and Other Prisons) Rules applies only to parole granted after notification date
- not to first occasion after notification
