SHALIK MARUTI KOWE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petitioner though has initially approached this Court being aggrieved by the order dated 19.6.2012 passed by the respondent no.3 and the order dated 22.6.2012 passed by the learned Incharge Principal District & Sessions Judge, Amravati, the petitioner had by way of amendment challenged the vires of Rule 22(i) of the Maharashtra Prisons (Remission System) Rules, 1962 being ultra vires of Article 14 of the Constitution of India.

(2.) The undisputed facts giving rise to the present petition are as under :

(3.) It appears that in the meantime, the Superintendent, Morshi Open Prison had submitted a proposal to the Deputy Inspector General of Prisons recommending forfeiture of remission of 2413 days. The Deputy Inspector General of Prisons vide order dated 19.6.2012 in view of Rule 22(i) of the Maharashtra Prisons (Remission System) Rules, 1962 (hereinafter referred to as "the Remission Rules") granted approval vide order dated 19.6.2012 for forfeiture of 1693 days remission. The learned Incharge Principal District & Sessions Judge, Amravati vide order dated 22.6.2012 granted his approval to the proposal submitted by the Deputy Inspector General of Prisons. Being aggrieved thereby, the petitioner has approached this Court.