LAWS(BOM)-2008-8-224

SARDAR SHAHWALI KHAN Vs. STATE OF MAHAHARASHTRA

Decided On August 07, 2008
SARDAR SHAHWALI KHAN Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) THIS is a petition under Article 226 of the Constitution of India.

(2.) SARDAR Shahwali Khan, who is Indian Citizen and permanent resident of Kurla [west], Mumbai, filed this petition for:-

(3.) PETITIONER says that, he is convicted by Designated Court under Terrorists Activities Disruptive [prevention] Act, 1987 [hereinafter referred to as TADA Act for the sake of brevity] in Bombay Blast Case No. 1/1993, by judgment of conviction pronounced on 24/11/2006. He was sentenced to suffer rigorous imprisonment for life on 6/6/2007. Petitioner says that, convicted prisoners are entitled for their release on furlough, as per Rule 3 (i) of the Prisons (Bombay Furlough and Parole) Rules, 1959 [hereinafter referred to as the Rules of 1959, for the sake of brevity] and thus, he is also entitled for furlough every year. Petitioner says that, he submitted an application for furlough to resp. no. 3 on 29/6/2007, however, it was rejected by order dt. 31/1/2008, which is under challenge in this petition. Grievance of petitioner is that order under challenge is illegal, unjust and arbitrary. It also shows non-application of mind by resp. no. 3 in as much as, he was on bail during the trial and there was no complaint against him.