FAZLUR REHMAN SUFI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioners, who are convicted under the TADA Act and whose conviction has been upheld uptil the Supreme Court, have filed these parole applications.

(2.) It is contended by learned counsel for the petitioners that the petitioners were earlier granted parole by the Apex Court and some of the petitioners were thereafter granted parole by the High Court placing reliance on the judgment of the Supreme Court in Asfaq Versus State of Rajasthan and Ors. : (2017) 15 SCC 55. It is argued that the Rules of 2021, which have been framed by the State, are not in compliance with the directions given by the Apex Court in Asfaq case (supra). It is also argued that the law laid down by the Supreme Court becomes the law of the land and any Rule, which is framed contrary to the law laid down by the Supreme Court, is ultra-vires the Constitution. Learned counsel for the petitioners has read over the judgment of Asfaq case.

(3.) Reliance is placed on the judgments in Mohammed Amin Versus The State of Rajasthan and Ors. : W.P. (Crl.) No.158 of 2018, Mohammed Shamsuddin Versus State of Rajasthan and Ors.: W.P. (Crl.) No.235 of 2018, Fazlur Rehman Safi @ Shamim Versus State of Rajasthan and Ors. : Criminal Appeal No.340 of 2019, Abre Rehmat Ansari Versus State of Rajasthan and Ors.: W.P. (Crl.) No.284 of 2018, Mohammad Afaq Khan Versus State of Rajasthan and Ors.: W.P. (Crl.) No.250 of 2018, Mohd. Aijaz Akbar Versus State of Rajasthan and Ors. : W.P. (Crl.) No.186 of 2019, Mohammed Moin Faridulla Qureshi Versus State of Maharashtra and Ors.: Criminal Writ Petition No.213 of 2009, Mohammed Moin Versus State of Maharashtra and Ors. : Criminal Writ Petition No.446 of 2018, Mohammed Moin Versus State of Maharashtra and Ors.: Criminal Writ Petition No.33 of 2019, Mohd. Eqbal Mohd. Hanif Shaikh Versus State of Maharashtra and Ors.: Criminal Writ Petition No.310 of 2020, Manga @ Manga Singh Versus State of Punjab and Ors. : CRWP No.4953 of 2020, Mrs. T. Arputham Versus The State of Tamil Nadu and Ors. : Writ Petition No.8642 of 2020, Habib Ahmed Khan Versus State of Rajasthan and Ors.: D.B. Criminal Writ Petition (Parole) No.700 of 2018, Pappu @ Salim Versus State of Rajasthan and Ors.: D.B. Civil Writ Petition No.16042 of 2017, Pappu @ Salim Versus State of Rajasthan and Ors.: D.B. Criminal Writ Petition (Parole) No.186 of 2019, Pappu @ Salim Versus State of Rajasthan and Ors.: D.B. Criminal Writ Petition No.102 of 2020, Daya Singh Lathoriya Versus State of Rajasthan and Ors. : D.B. Criminal Writ Petition No.533 of 2020, Fazlur Rehman Sufi @ Shamim: D.B. Criminal Writ Petition No.515/2020 and its connected petitions and Mohd. Aejaz Akbar Versus State of Rajasthan and Ors. : D.B. Criminal Writ Petition No.438/2021 and its connected petitions. Reliance is also placed on Hitesh @ Bavko Shivshankar Dave Versus State of Gujarat: Writ Petition (Criminal) No.467 of 2022 decided by the Apex Court on 24/1/2023.