HEMANT @ BHAGDAN NISHAD, Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) If a person commits any crime, it does not mean that by committing a crime, he ceases to be a human being and that he can be deprived of those aspects of life which constitute human dignity. For a prisoner all fundamental rights are an enforceable reality, though restricted by the fact of imprisonment.

(2.) The above-stated statement of law rendered by their Lordships of the Supreme Court in the matter of Asfaq v. State of Rajasthan and others (2017) 15 SCC 55 squarely applies to the case of the petitioner herein who is a person convicted for offence under Sections 302 read with Section 34 and 324 read with Section 34 of the IPC, as he is in jail since 30-12-2007 and he was convicted by the Additional Sessions Judge, Sarangarh on 4-4-2009. The petitioner made an application for grant of leave under Rule 4 of the Chhattisgarh Prisoner's Leave Rules, 1989 on 23-11-2017, but though it was forwarded by the Jail Superintendent to the District Magistrate on 24-11-2017, yet that application remained pending for two years and it was not processed by the District Magistrate, Raigarh and the detained prisoner was compelled to file this writ petition before this Court seeking a direction to direct the District Magistrate, Raigarh to consider and decide his application for grant of leave in which this Court on 8-11-2019 directed the District Magistrate to file his own affidavit as to why the application of the petitioner for grant of parole was not considered for a period of two years. Affidavit was filed by the District Magistrate on 21-11-2019 and upon perusal of the affidavit so filed, this Court found that there was no satisfactory explanation by the District Magistrate, as the application was filed by the petitioner for grant of leave on 23-11-2017, whereas report from the Tahsildar was called only after a period of one year i. e. on 21-12-2018 and this Court, this time directed the Principal Secretary (Home) to file his own affidavit indicating the delay of two years in considering the application for parole filed by the petitioner and also directed the Chief Secretary to ensure that any suitable mechanism is devised to decide the application of the convicted prisoners for leave in accordance with law and asked him to place on record necessary measures taken in this behalf. Ultimately, today, when the matter is taken up for hearing, it has been brought on record that a circular dated 3-12-2019 has been issued by the Chief Secretary of the State in which it has been laid down that the first application for grant of leave under Rules 4 and 6 of the Chhattisgarh Prisoner's Leave Rules, 1989 will be decided by the District Magistrate as far as possible within a period of 15 days and further guidelines have been issued. Copy of the said circular has been circulated to all the District Magistrates. For ready reference and for sake of convenience, the circular dated 3-12-2019 is reproduced herein-below: -

(3.) The decision of the State Government to consider the application for grant of leave within the stipulated time and in accordance with the rules is a much needed step to consider the cases of convicted persons who are suffering jail sentence and is in line with the object of granting parole i. e. to make necessary efforts to rehabilitate a convict prisoner in the main stream of society based on "Karuna" (compassion) as well as on human consideration.