PHILLIP SILVEIRA Vs. STATE OF GOA

JUDGEMENT

(1.) THE Petitioner is the father of the prisoner Caitano Silveira, who is undergoing a sentence of four years Rigorous Imprisonment from 10th February, 2003, having been convicted and sentenced under Section 304 (II) of the Indian Penal Code.

(2.) SEVERAL applications filed by the Petitioner to be released on parole under the Prisons (Goa, Daman and Diu Furlough and Parole) Rules, 1968 came to be rejected by the learned Inspector General of Prisons. The first, application was rejected by Order dated 14th July, 2003 and the third was rejected by Order dated 8th January, 2004.

(3.) THE Petitioner then made another application to release his son on parole for 45 days on the ground that his wife was mentally depressed and if, the said prisoner was released, it would help her in improvement of her sickness. The Police upon enquiries conducted, reported that the mother of the said prisoner was slightly under depression but the Petitioner and another son and daughter were taking due care of her. In his Order dated 9th April, 2004, the learned Inspector General of Prisons stated that grant of parole to the said prisoner had to be rejected in public interest on account of:- (a ). The mother of the prisoner though under mental depression, is taken care by her husband, son and daughter. (b ). Since the prisoner is undergoing imprisonment on account of murder over an issue related with the election matter, the prisoner may again get himself involved on account of ensuing Lok Sabha Election and may indulge in breach of peace and other criminal acts, if released on parole.