DEVA Vs. STATE STATE

JUDGEMENT

(1.) In furtherance of the direction given by this Court on 03.10.2019, the parole application of the convict has again been rejected by the District Parole Advisory Committee, Pratapgarh in its Meeting dated 15.10.2019 assigning the following reasons:-

(2.) On going through the minutes recorded by the Committee, it is clear that much credence has been given to the practice of 'Motana' prevailing in the communities to which the accused and the complainant party belong. The distance between the village of the accused and the complainant party is reported to be 6 kms. It cannot be denied that the evil practice of 'Motana' cannot be recognized by law and the duty of ensuring that the persons albeit belonging to the aadivasi area refrain from indulging in such activities is that of the District administration and Police administration. By taking cognizance of this totally illegal custom, the District Collector, Pratapgarh as well as Superintendent of Police, Pratapgarh have virtually conceded their inability and helplessness to deal with the same.

(3.) We, therefore, direct that both these officers shall remain present in the Court on the next date.