Chena Ram vs State Of Rajasthan And Ors

Issue notice to the respondents.

Mr. Abhishek Purohit, associate to Mr. Farzand Ali, learned G.A.-cum-A.A.G., accepts notice on behalf of the respondents.

With the consent of the learned counsel for the parties, the matter is being heard and decided today itself.

The convict petitioner was granted first parole for a period of 20 days by the District Parole Committee, Jodhpur vide recommendations dated

28.04.2021. He has approached this Court through this writ petition under Article 226 of the Constitution of India seeking extension of the date of

surrender/period of parole by 90 days.

We feel that the prayer for extension of parole period made by the petitioner has to be accepted in light of the mandatory guidelines laid down by

Hon’ble the Supreme Court in Suo Moto Writ (Civil) Petition No.01/2020; In Re :

Contagion of Covid-19 Virus in Prisons wherein, it has been directed as below:-

“10.Second, the rapid proliferation of the virus amongst the inmates of congested prisons is a matter of serious concern. The High Powered

Committees constituted by the State Governments/Union Territories shall consider release of prisoners by adopting the guidelines (such as inter alia,

SOP laid down by NALSA) followed by them last year, at the earliest. Such of those States which have not constituted High Powered Committees

last year are directed to do so immediately. Commissioner of Police Delhi shall also be a member of the High Powered Committee, Delhi.

11.Third, due to the immediate concern of the raging pandemic, this court has to address the issue of de-congestion. We find merit in the submission of

Mr. Colin Gonsalves, learned Senior Counsel appearing on behalf of the applicant, that the High Powered Committee, in addition to considering fresh

release, should forthwith release all the inmates who had been released earlier pursuant to our order 23.03.2020, by imposing appropriate conditions.

Such an exercise is mandated in order to save valuable time.

12.Fourth, further we direct that, those inmates who were granted parole, pursuant to our earlier orders, should be again granted a parole for a period

of 90 days in order to tide over the pandemic.â€​

In view of the above mandate of Hon’ble the Supreme Court in the matter of In Re : Contagion of Covid 19 in Prisons (Supra), we hereby direct

that the parole period of the convict-petitioner shall be extended by a period of 90 days from 17.05.2021. He shall be required to surrender on

15.08.2021.

Accordingly, the parole writ petition is disposed of.