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Search Results for "prisoners right"

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Supreme Court

Supreme Court Issues Comprehensive Directions for Release of Undertrial Prisoners in Suo Motu Public Interest Litigation — Systemic Overcrowding and Violation of Article 21 Rights Addressed. The Court held that the continued incarceration of undertrial prisoners beyond the maximum period of imprisonment for the offences they are charged with violates their fundamental rights under Article 21 of the Constitution, and issued directions to ensure their release and prevent overcrowding.

1 Jan 2026

The Supreme Court of India, in a writ petition filed by the National Legal Services Authority (NALSA) under Article 32 of the Constitution, addressed ...

Supreme Court

Supreme Court Strikes Down Caste-Based Discrimination in Prison Manuals as Unconstitutional. Prison Rules Dividing Labour and Segregating Barracks by Caste Violate Articles 14, 15, 17, 21, and 23 of the Constitution.

1 Oct 2024

The petitioner, Sukanya Shantha, a journalist, filed a writ petition under Article 32 of the Constitution seeking directions for the repeal of offendi...

High Court

Bombay High Court Initiates Suo Motu Contempt Against Prison Superintendent for Wilful Disobedience of Emergency Parole Orders. Superintendent Selectively Applied Binding Precedent Under Rule 19(1)(c) of Maharashtra Prisons (Bombay Furlough and Parole) (Amendment) Rules, 2020, Refusing Release to 35 Eligible Prisoners While Granting Parole to 6 Ineligible Ones.

16 Mar 2022

The Bombay High Court at Nagpur initiated suo motu contempt proceedings against Shri Anupkumar M. Kumre, Superintendent of Central Prison, Nagpur, und...

High Court

Bombay High Court Refers Conflict on Emergency Parole for POCSO Convicts to Larger Bench. Interpretation of Rule 19(1)(C) of Maharashtra Prisons (Bombay Furlough and Parole) Rules, 1959 Requires Resolution of Conflicting Decisions on Entitlement of Convicts Under Section 376 IPC and POCSO Act.

6 Nov 2020

The petitioner, Pintu Uttam Sonale, a convict under Section 376 of the Indian Penal Code and Sections 3, 4, and 5 of the Protection of Children from S...

High Court

Bombay High Court Dismisses Petitions Challenging Furlough Rule Denying Furlough to Prisoners from Outside Maharashtra. Classification Based on Residence Held Reasonable Under Articles 14 and 21 of Constitution.

20 Oct 2020

The petitioners, Chandradev @ Chandu S/o Pareshwar Rai and Satish S/o Ramchandra Ninapure, were convicted under Section 302 of the Indian Penal Code a...

High Court

Bombay High Court Strikes Down Discriminatory Furlough Condition in Maharashtra Prisons Rules as Unconstitutional. Residence-based classification for furlough eligibility violates Articles 14 and 21 of the Constitution.

20 Oct 2020

The petitioners, Chandradev @ Chandu S/o Pareshwar Rai and Satish S/o Ramchandra Ninapure, were convicted under Section 302 of the Indian Penal Code a...

High Court

Bombay High Court Quashes Notification Denying Furlough to Convicts Under Section 364 IPC — Rule 4(13) of Furlough and Parole Rules Held Ultra Vires. The Court held that the classification of convicts under Section 364 IPC as ineligible for furlough is arbitrary and violative of Article 14 of the Constitution.

5 May 2016

The petitioner, Santosh Namdeo Bhukan, was convicted under Sections 364, 302, and 201 of the Indian Penal Code (IPC) by the Additional Sessions Judge,...

High Court

Bombay High Court Strikes Down Sub-Rule 13 of Furlough Rules as Ultra Vires and Discriminatory — Convicts Convicted for Kidnapping Cannot Be Blanketly Denied Furlough. Sub-rule 13 of Rule 4 of the Maharashtra Prisons (Furlough and Parole) Rules, 1959, which excluded prisoners convicted for kidnapping from furlough, held arbitrary and violative of Article 14 of the Constitution.

28 Apr 2016

The petitioner, Sharad Devaram Shelake, was convicted by the Additional Sessions Judge, Pune under Sections 302 and 364 of the Indian Penal Code (IPC)...

High Court

Bombay High Court Allows Prisoners' Challenge to Deduction of Wages for Victims Compensation Fund Under NDPS Act. Discriminatory treatment of similarly situated prisoners violates Article 14 of Constitution.

27 Jan 2014

The judgment concerns three criminal writ petitions filed by prisoners convicted under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS ...

High Court

Bombay High Court Allows Furlough to Life Convict in Furlough Rejection Case — Nature of Offence Not a Valid Ground for Denial Under Prisons (Bombay Furlough and Parole) Rules, 1959. Furlough is a right, not a privilege, and cannot be denied solely because the prisoner was convicted under Section 366 IPC.

4 Sep 2013

The petitioner, Subhash Hiralal Bhosale, was convicted under Sections 376(2), 366, 342, 506(II) read with 120(B) of the Indian Penal Code and sentence...

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