SAMIULLAHA PETITIONER Vs. STATE OF RAJASTHAN AND OTHERS

JUDGEMENT

(1.) The question that falls for consideration in this writ petition is whether an accused like the petitioner herein who had been convicted and sentenced for an offence under the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter shortly referred to as 'the Narcotic Drugs And Psychotropic Substances Act of 1985') can at all avail the privilege of 'parole' under the Rajasthan Prisoners Release on Parole Rules, 1958 (for short 'Rajasthan Prisoners Rules, 1958') for any reason whatsoever.

(2.) A slight enumeration of the circumstances would indicate that the petitioner herein Samiullaha has been convicted and sentenced for an offence under section 8/21 of the Narcotic Drugs And Psychotropic Substances Act, 1985 vide judgment and order dated 25-9-2000 passed by the Special Judge, NDPS, Jaipur against which the petitioner has preferred an appeal before this High Court which is pending. During pendency of the appeal and while undergoing the sentence, the petitioner filed an application before the Jail authorities for emergency parole under Rule 10-A of the Rajasthan Prisoners Rules, 1958 for the treatment of his minor son Wahid on the plea that he has developed Brain Tumour and has been referred for further treatment to Mumbai by the Associate Professor of Neurology Unit in the S.M.S. Hospital at Jaipur. For this purpose the petitioner wanted to be released temporarily on parole since there is on one else in the petitioner's family to take the child to Mumbai for further treatment. It is stated by the petitioner that the Jail authorities orally refused to grant an emergency parole to the petitioner and, therefore, he did not feel the need to file further application for grant of regular parole. The petitioner feeling aggrieved by the refusal of the jail authorities to grant him even emergency parole, has been compelled to file this writ petition for a direction to the Jail authorities to release the petitioner for a period of two months so that he can get his son Wahid checked-up and get him treated for his Brain Tumour. He has also prayed that any ban on the grant of parole to the prisoners convicted under the Act of 1985 be declared illegal and unconstitutional.

(3.) On a show cause notice being issued to the respondents, a reply has been filed on behalf of the State of Rajasthan through the Jail authorities, stating therein that the State of Rajasthan vide Notification/Instruction No. 21 (58) Home-12/76 Jaipur dated 29-4-2000 has imposed a ban on the power of the Jail authorities to grant parole to any prisoner who is convicted and serving the sentence under the Narcotic Drugs And Psychotropic Substances Act of 1985. It has been further stated therein that the petitioner has not submitted any application for grant of parole for the treatment of his son Wahid for Brain Tumour. It has also been stated that the petitioner had initially applied for grant of parole for the treatment of his wife and the same being rejected, he has again filed this writ petition on the plea of treatment of his son Wahid. It is also submitted that the petitioner never applied even for emergency parole under Rule 10-A of the Rules of 1958 to the respondents herein and straightaway filed this writ petition claiming parole.