WASIM KHAN AZIM KHAN Vs. SUPERINTENDENT CENTRAL PRISON

JUDGEMENT

(1.) RULE. Rule made returnable forthwith. By consent, the petition is taken up for final disposal.

(2.) The petitioner has applied for grant of emergency parole on account of death of his mother for the period of 14 days. Initially, emergency parole was granted vide order dtd. 6/5/2023 for the period of 3 days with police escort. Later on, the said order was modified by which emergency parole for 1 day was granted without police escort charges. Being aggrieved by these orders, the petitioner has approached to this Court by stating that the Authority fail in serious error in denying the emergency parole for the period of 14 days as has been claimed. It is submitted that Rule 19(1)(A) of the Prisons (Bombay Furlough and Parole) Rules, 1959 (the Rules of 1959) authorizes the Authority to grant emergency parole, initially for 7 days with the provision of extension for 7 days. However, the Authority without assigning any reason, denied the parole for 14 days. Moreover, it is argued that without assigned any reason, the petitioner has been directed to avail emergency parole in police escort.

(3.) The respondent/State resisted the petition by filing the affidavit in reply. It is contended that the petitioner has committed serious offence and is sentenced to suffer imprisonment for lief till the reminder of natural life. The Authority has considered the reason for emergency parole and granted the same for three days to meet the purpose. It is stated that considering the poor financial condition, the escort charges have been waived and therefore, no interference is called.