ABDUL WAHID Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) ABDUL Wahid convict sent an application to the Supreme Court of India praying for his release on parole. This application was forwarded to this Court by the Supreme Court of India for disposal. By the order dated 15.5.1997 this petition was treated as writ petition.

(2.) THE admitted facts are that petitioner Abdul Wahid was convicted alongwith one Haji Mukhtiyar, who was his father, by the learned Sessions Judge, Jodhpur for the offence of murder committed in the year 1991 and he has yet not been released on parole.

(3.) MR . Khan contended that parole could be refused only on the ground that the petitioner's conduct in the jail was not good and that as there was no report of the Superintendent of Jail regarding the bad conduct of the petitioner his case for release on parole could not be rejected. He submitted that the action of the Committee in rejecting the parole request is arbitrary and the petitioner has been discriminated with the other convicts who have been released on parole. He pointed out that it was only on the adverse report of the District Magistrate that the parole could be denied but in this case it is not the case of the respondent that the District Magistrate has given adverse report against the petitioner. He invited our attention to Rule 14 of the Rajasthan Prisoners Release on Parole Rules, 1958 (hereinafter referred to as the Rules of 1958) to emphasize that the petitioner was not ineligible for release. Mr. Khan has placed reliance on the case of Smt. Sushila Kanwar v. State of Rajasthan 1994 RCC 564.