N.J.JAMADAR, J. - (1.) Rule. Rule made returnable forthwith and, with the consent of the learned counsels for the parties, heard finally.
(2.) This petition under Article 226 of the Constitution of India assails the legality and validity of the order dated 18th June 2021, passed by the respondent-Superintendent, Kolhapur District Open Prison, Kalamba, whereby the application of the petitioner for releasing him on emergency parole, came to be rejected.
(3.) The petition arises in the backdrop of the following facts : "(a) The petitioner came to be convicted for the offence punishable under section 302 of the Indian Penal Code, 1860 ( 'the Penal Code ') in Sessions Case No.2 of 2013 by learned Sessions Judge, Vasai, by a judgment and order dated 9th September 2019. The petitioner had been an under-trial prisoner since 12th June 2012. The petitioner has undergone more than 8 years of imprisonment. In the wake of Covid-19 Pandemic, the petitioner applied for emergency parole. (b) By the impugned order dated 18th June 2021, the Superintendent, Kolhapur District Open Prison, Kalamba was persuaded to reject the application opining that the petitioner has been found guilty of a grave offence and the situation which arose on account of Covid-19 Pandemic, is under control at the said prison. The Superintendent adverted to para Nos. 4 and 8(v) of the Minutes of the High Power Committee meeting held on 25th March 2020 to lend support to aforesaid decision. It was, interalia, observed that there was not a single inmate infected by Covid-19 contagion. Social distancing norms were being observed fully and adequate provisions have been made to keep suspected inmates in isolation and also for treatment. Being aggrieved, the petitioner has invoked the writ jurisdiction of this Court." ;