VANDANABAI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule is made returnable forthwith. By consent both sides heard for final disposal.

(2.) In all these matters, simple relief of direction is claimed. The petitioners are prisoners and it is their contention that they are eligible for consideration of granting emergency parole. It is their contention that they have given applications for releasing them on emergency parole. It is contended that under Notification dated 8/5/2020 of the State Government they are entitled to such parole but their applications are not yet decided. It appears that the dates of some applications are 7/8/2020 but some applications are dated 18/8/2020 also. For ordinary parole some time frame is prepared by the State Government and the period of 45 days is fixed in that time frame. Though such time is there a committee is constituted to give crieteria for giving emergency parole in view of the situation created by the pandemic. So, it has become necessary to expeditiously dispose of such applications. We are hereby giving directions to the respondents to see that the applications of the prisoners are decided within 15 days from the date of receipt of this order.

(3.) It is the policy of the Government to consider and release prisoners as per guidelines of the committee constituted for granting emergency parole under aforesaid notification. Unnecessarily many matters are being filed for setting aside either the order of rejection of parole applications or for taking directions from this Court that the applications filed by the prisoners are decided expeditiously. If it is the policy of the Government to take out the eligible prisoners from the prison to avoid spreading of Covid-19 virus and for saving the lives of such prisoners, then in such circumstances, it is always desirable for the respondents to consider all the eligible prisoners and pass order for giving them option to come out of jail on emergency parole. If they avail emergency parole then it can be presumed that their sentence has been suspended. That will save the time of everybody and that will also show that there is uniformity and transparency. This Court hopes that the respondents in future take such steps so that the transparency is achieved and allegations of corruption are avoided.