MOHAN LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS petition has come up for consideration for the reason that the parole application filed by the appellant has been rejected primarily on the ground that the prisoner in question is resident of a place which is out-side the State of Rajasthan. He has already been denied parole. For this reason the petitioner has also referred to Article 21 and Article 14 stating that denying a parole on the ground of residence alone results in violation of his fundamental rights guaranteed under Article 14, 15 and 21. THIS necessitated examining the validity of Rule 14 of the Rajasthan Prisoners (Release on Parole) Rules, 1958.

(2.) IN view of the aforesaid, the contention raised by the appellant in his application, who is not represented by the counsel, we issued notice to Advocate General for assisting the Court in the matter.

(3.) IN parenthesis Rule 14 read like this that the class of persons enumerated in clauses (a) to (d) will ordinarily be not eligible for release on parole unless they have undergone 1/4 of the sentence including remission and the Superintendent of Jail recommends the case in consultation with the District Magistrate with special reasons therefor.