BANUMATHI Vs. CHIEF SECRETARY TO THE GOVERNMENT

JUDGEMENT

(1.) This is a petition, whereby the wife of the detenu has sought parole for one Mr.Karuna @ Manoharan, The reason based on which, such a direction is sought, is that the daughter of the petitioner and the detenu is to get married on 22.01.2018. We are informed that the reception of the couple is fixed on 23.01.2018. Upon issuance of notice in the petition, counter affidavit has been filed on behalf of the Union Territory of Puducherry.

(2.) The learned Public Prosecutor based on the counter affidavit has opposed the release of the detenu on parole, principally, on the ground that a case pends against the detenu. This contention is advanced based on Rule 631 of the Pondichery Prison Rules, 1969 (in short "the 1969 Rules").

(3.) Faced with this difficulty, the petitioner's counsel filed an additional affidavit, indicating therein that the aforementioned Rule had not been enforced by the concerned authorities, even handedly. The additional affidavit filed on behalf of the petitioner sought to bring to fore instances, where parole had been granted to persons, who were also life convicts like the detenu and had cases pending against them.