BABU APA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) As per the remarks submitted by the Superintendent, Ahmedabad Central Prison, petitioner-Babu Apa is convicted for offences punishable u/Ss. 302,148 and 149 I.P.C. by order, dated 29-9-1979. He was released on parole for the first time on 18-11-1982 for a period of 150 days. Thereafter, subsequently he is released on parole on five more occasions. He is also granted furlough and released on four occasions. That means, he is released 16 times by the authority. There is nothing on record to show that during the period of his release the petitioner has committed any act which has resulted in breach of peace.

(2.) In spite of the aforesaid facts, Mr. H.D. Makwana, Under-Secretary to Government has filed affidavit to the effect that the prisoner is considered as a dangerous and desperate person. The Government had received objections from the opposite party against his release on parole, and therefore, the State Government has rejected his parole application on 20-4-1990.

(3.) The aforesaid conduct on the part of the authority reveals total non-application of mind to the facts of the matter. The decision rejecting the petitioner's parole application appears to be absolutely arbitrary and capricious and is passed without considering the object and for releasing the prisoner on parole.