Rajaram vs The State of Rajasthan and Others

Narendra Kumar Jain, J.—Heard learned counsel for the Petitioner.

Convict-Petitioner has preferred this parole writ petition through his nephew for grant of emergent parole for a period of 15 days on account of performing post death ceremonies of his mother, who has died on 25.08.2011.

Learned counsel for the Petitioner submitted that the Petitioner''s mother expired on 25.08.2011. Her Death Certificate is enclosed along with the writ petition as Annexure-2. The Petitioner moved an application for grant of emergent parole before the Director General of Prisons, Rajasthan, Jaipur on 26.08.2011; a copy of the application is enclosed along with the writ petition as Annexure-1. As per Rule 21 of the Rajasthan Prisoners Release on Parole Rules, 1958(for short ''the Rules''), it was a duty of the concerned authority to decide the application within four days from the date of receipt of the application for parole, but the statutory authority failed to consider and decide the application of the Petitioner for grant of emergent parole, therefore, this Court may allow this writ petition and grant emergent parole of 15 days to the Petitioner.

I have considered submissions of learned counsel for the Petitioner and examined the documents enclosed with the writ petition.

The Petitioner has enclosed with the writ petition Death Certificate of his mother (Annexure-2), a copy of application dated 26.08.2011 filed before Respondent No. 2, Director General of Prisons, Rajasthan, Jaipur(Annexure-1). As per Rule 21 of the Rules, such application is liable to be dealt with expeditiously and a recommendation is required to be made within four days of the date of receipt of the application for parole.

After considering all the facts and circumstances of the case and in the interest of justice, I think it fit and proper to direct the concerned authority to decide the application filed by the Petitioner for emergent parole of 15 days within three days from the date of filing of certified copy of this order.

Consequently, writ petition is disposed off with a direction to concerned authority to decide the application filed by the Petitioner for grant of emergent parole of 15 days within three days from the date of receipt of certified copy this order in accordance with law.