RAJMAN YADAV Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The present petition has been filed invoking the provisions of Article 226 of the Constitution of India seeking for a direction for the Respondents for releasing the petitioner on parole.

(2.) Counsel for the petitioner submits that it is a case where the petitioner has been verbally informed about the fact that his application filed under Rule 6 (B) of the Prisoners Leave Rules, 1989 for release on parole has been dismissed, however, he has not been supplied with any order, therefore, neither any ground has been assigned nor any written communication has been made, which could be subject of challenge in any forum. He would further submit that no return has been filed yet, therefore, the State may be directed to pass appropriate order in accordance with the rule.

(3.) Having considered the rival contentions put forth on behalf of either side what is relevant at this juncture is that the State Government has enacted specific rules in respect of grant of leave to the prisoners in exercise of its powers conferred upon it under the provisions of the Prisoners Act, 1900. The said Rules in the State of Chhattisgarh are known as 'The Chhattisgarh Prisoner's Leave Rules, 1989'. Rule 4 of the Rules of 1989 deals with the conditions of leave. For ready reference the said clause is reproduced herein below :