SARDAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Per Court : Both the proceedings are filed to challenge the order made by respondent by which emergency parole claimed by the present petitioners under the Government Notification dated 8th May, 2020 is rejected. Both the sides are heard.

(2.) In the first proceeding, the application is rejected on the ground that the petitioner is a convict of Bombay bomb blast case under the provisions of Terrorist and Disruptive Activities (Prevention) Act (TADA). In the petition, it is mentioned that the order was passed on 7th July, 2020. The petitioner in the second proceeding is also a convict of offence under the provisions of Terrorist and Disruptive Activities (Prevention) Act (TADA) and at para 10 of the petition, it is mentioned that his application is came to be rejected on 7th July, 2020.

(3.) Learned Counsel for the petitioners submitted that though the petitioners are the convicts under the provisions of TADA, the Maharashtra Prisons (Bombay Furlough and Parole) Rules, 1959 (in short "the Rules") are not applicable against them as they were convicted prior to the amendment made in the said Rules and the State Government has made it clear that the amended provisions will not apply retrospectively.