RAJU BIHARI Vs. STATE OF GOA

JUDGEMENT

(1.) The prisoner Raju Bihari, has approached this Court with a grievance that as immediate steps are not taken on request for furlough and parole, the occasion lapses and legal right of prisoner is defeated.

(2.) Learned Advocate Shri John Lobo, (appointed under the Legal Aid Services) argues that though furlough may not technically lapse, in case of exigencies like serious illness or death in the family, if parole application is not granted immediately, the occasion is over and the Petitioner therefore cannot attend to any ailment of the relative or the funeral, etc. Learned Counsel has taken the Court through relevant provisions and submitted that this Court must therefore intervene and lay down a time limit. He further submits that earlier time limit of eight weeks granted by this Court is being used to the prejudice of prisoners. According to him, when reports are called for from concerned Police Station and those reports are not received, as decision on such application cannot be taken within eight weeks, the applications are rejected. Learned Counsel has taken support of the Order dated 04.03.2009, passed at Bombay in Criminal Writ Petition no. 2417 of 2008.

(3.) Shri Amonkar, learned Addl. Public Prosecutor appearing for the Respondents, makes a statement that in case real exigencies like death, immediately the prisoner is released with escort and he is permitted to attend the funeral or even to look after ailing relative. He further points out that to avoid the absconding of such prisoners released on parole or furlough, as a matter of policy, after release, they are asked to confine themselves to a particular area and by taking escort, they are handed over to a local Police Station. He further submits that availability of railway tickets or the tickets of any public transport at times creates problem and hence the State Government has made request to railways and other authorities for providing a quota to meet such contingencies. According to him, eight weeks time granted is sufficient and it takes care of interest of prisoner as also the State Government. He, therefore, prays for dismissal of the Criminal Writ Petition.