Ensure Convicts' Emergent Parole Applications Are Decided Immediately: Rajasthan High Court To State, Jail Superintendents

A division bench of Justice Sandeep Mehta and Justice Vinod Kumar Bharwani observed,

"The Home Secretary, Government of Rajasthan shall issue pertinent instructions to the District Magistrates and the Superintendents of jails across the State of Rajasthan to ensure that the emergent parole applications submitted by the convicts are not kept pending and are decided immediately on receipt thereof in terms of the Rule 23 of the Rules of 2021."

The direction was made while disposing of a writ petition whereby the petitioner-convict's application for emergency parole was not decided for almost a month.

On 12.04.2022, the court had directed the District Magistrate, Bikaner and the Superintendent, Central Jail, Bikaner to remain present in the Court to show cause and to explain as to why disciplinary proceedings may not be directed against them for blatant non-compliance of Rule 23 of the Rajasthan Prisoners Release on Parole Rules, 2021 as per which, the application for emergent parole is required to be decided within four days of presentation.

Rajasthan High Court Issues Show Cause To District Collector, Jail Superintendent Over Delay In Deciding Convict's Emergent Parole

After perusal of the explanations of both the officers, the court opined that lame excuses have been given for not deciding the parole application of the convict-petitioner within four days in terms of the mandatory requirement of the Rules of 2021. The court also remarked that explanations so submitted are absolutely lackadaisical and unacceptable.

The court observed that both the Officers acted with lackadaisical approach and gross indifference to the Parole Rules, 2021 while dealing with the emergent parole application which had been filed on humanitarian ground i.e, the death of the convict's mother. Lame unconditional apologies have been offered in the explanations filed by the Officials which are not considered satisfactory because at few parts of the affidavit, a conscious effort has been made to justify the action, added the court.

It was directed by the court that direct that copy of this order along with copy of the order dated 12.04.2022 and copies of explanations furnished by District Magistrate, Bikaner and Superintendent, Central Jail, Bikaner shall be forwarded to the Chief Secretary and the Home Secretary of Government of Rajasthan for information and necessary action.

During the course of hearing, the counsel for the state apprised the court that the District Collector has issued guidelines so that the emergent parole application filed by the convicts can be dealt with strictly in accordance with the Rules of 2021.

Case Title: Girdhari Singh Through His Father Kishor Singh v. State of Rajasthan & Ors.

Citation: 2022 LiveLaw (Raj) 134