MOHD. AEJAZ AKBAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Applications are allowed and the amended writ petitions are taken on record.

(2.) D.B. Cr. Writ Petition (Parole) No. 438/2021 has been filed by the convict-petitioner Mohd. Aejaz Akbar; D.B. Cr. Writ Petition No. 444/2021 has been filed by convict-petitioner Shamshuddin; D.B. Cr. Writ Petition (Parole) No. 697/2021 has been filed by the petitioner Mohd. Amin and D.B. Cr. Writ Petition (Parole) No. 890/2021 has been filed by the convict petitioner Mohammad Afaq under Article 226 of the Constitution of India with a prayer that the petitioners be released on 2nd parole for 30 days.

(3.) Learned counsel for the petitioners submit that the petitioners have been convicted by the designated Terrorist and Disruptive Activities (Prevention) Act, 1987 (for short, 'the TADA') Court, Ajmer vide judgment dtd. 28/2/2004 in Sessions Case No. 6/1994 under the TADA Act and sentenced to undergo life imprisonment. They have served more than 26 years of sentence. The petitioners filed a statutory appeal before the Hon'ble Apex Court, which came to be dismissed vide order dtd. 11/5/2016. They further submitted that the petitioners were granted 21 days parole by the Hon'ble Apex Court vide order dtd. 4/10/2019. They further submitted that convict petitioner Mohammad Aejaz Akbar's father is about 75 years of age and is on death bed; convict-petitioner Shamshuddin is suffering from neurological disorders, cervical spondylosis and bulging of intervertibral Disc and other ailments since 2010; convict petitioner Mohammad Amin is about 85 years of age and suffering from various ailments and convict petitioner Mohammd Afaq is a poor person and he has to discharge his family liability. The petitioners sent representation / application to the Ministry of Home Affairs, Government of India for their premature release, but the same was not considered in proper and legal manner and was dismissed in a mechanical manner.