GAJANAN BABULAL BATHULWAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) These writ petitions filed by convicts seek to challenge validity of the proviso to Rule 19 of the Bombay (Furlough and Parole) Rules 1959 as amended by the Prisons (Bombay Furlough and Parole) (Amendment) Rules 2012. The Bombay (Furlough and Parole) Rules 1959 would hereinafter be referred to as the Rules of 1959.

(2.) Criminal Writ Petition No.272 of 2012 has been filed on behalf of 78 convicts. It has been stated that in view of the amendment of 2012 to Rule 19 of the Rules of 1959, the petitioners are deprived from seeking release on parole within a period of one year from their earlier release. Criminal Writ Petition No.355 of 2012 has been preferred by a convict whose application for parole has been rejected on the ground that he has sought release on parole within a period of one year from his earlier release. The petitioner in the said criminal writ petition had sought parole on account of his daughter's illness. In Criminal Writ Petition No.366 of 2012, the petitioner is seeking release on parole on account of his father's serious illness. However, as the period of one year is yet to lapse from his earlier release, the petitioner has challenged the proviso to Rule 19 of the Rules of 1959 as the same prevents his release. Criminal Writ Petition No.371 of 2013 has been filed by two convicts who are challenging the aforesaid proviso to Rule 19 on the ground that there is an embargo on the right of a prisoner to seek release on parole in view of amended provisions referred to above.

(3.) In Criminal Writ Petition No.272 of 2012 that has been filed by 78 convicts, it has been stated that parole is granted in emergency situations that arise on account of serious illness or death of a family member. It has been urged therein that by restricting release on parole for only one occasion in a year, the convicts are unable to make themselves available in case there is a serious illness of a family member or for other situations as contemplated by Rule 19. It has, therefore, been stated that the restrictions placed by the proviso to Rule 19 of Rules 1959 deprive the petitioners of availing the right of parole in such situations thereby violating provisions of Article 21 of the Constitution of India.