NIJARO DEVI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This petition with the prayer for grant of emergency parole to the convict-prisoner Asu Ram son of Shri Balla Ram came to be filed by the prisoner's wife on 14 05 2012 with the submissions that the prisoner's mother had expired on 24.04.2012. It has been pointed out that the prisoner had earlier availed the parole under the orders dated 25.03.2009, 26.05.2010 and 20.10.2011 without any cause of complaint. It has also been submitted in this petition that the prisoner's case for emergency parole was not being considered by the Superintendent. Central Jail, Jodhpur with reference to an order dated 23.06.2011 (Annex.1) as issued by the Government in its Home Department.

(2.) On the matter being taken up for consideration today, the learned Government Counsel has pointed out that the District Magistrate concerned has passed an order on 22.05.2012 granting 15 days' emergency parole to the prisoner Asu Ram. A copy of the order dated 22.05.2012 has been placed before us for perusal. which is taken on record.

(3.) For the necessary order granting emergency parole having been passed by the concerned District Magistrate, this petition could only be considered in-fructuous; and ordinarily, we would have closed the matter with these observations but then, it appears expedient and necessary that the said wholly unjustified and unauthorised order dated 23.06.2011, which has been commented adversely by this Court in the past, be annulled while impressing upon the authorities to act strictly in accordance with law.