JUDGEMENT
AMAR DUTT,J -
(1.) REWATI Rama, who sentenced to undergo life imprisonment under Section 364-A of the Indian Penal Code, had applied for six weeks parole to him to carry out agricultural operations through letter dated 22nd October, 1999. Along with the request, he had appended the recommendations of the gram panchayat and a copy of the khasra girdwari showing his ownership of agricultural land. When this application was not decided within a period of 27 days, the petitioner had moved this Court on 18.1.2000.
(2.) IN the reply filed by the Superintendent, District Jail, Rohtak, it was not disputed that the petitioner had moved an application but it was indicated that the process of consideration of the parole case of the petitioner was initiated by the office of the Superintendent, District Jail, Rohtak through letter No. 12585-86 dated 18.11.1999 by sending a copy thereof to the District Magistrate, Mathura for his report in relation thereto. It is on account of the failure of the District Magistrate to reply to the letter that the process has not been completed. It is not disputed on behalf of the State that according to the instructions contained in letter dated 16th March, 1999, while dealing with an application for parole, authorities are required to complete the same within the following time frame :-
Authority Present Period Proposed Period 1. District Magistrate 10 days 21 days 2. Superintendent, Jail 05 days 05 days 3. IG/DG, Prisons 10 days 10 days
It is possible that the District Magistrate, Mathura may not be aware of these instructions and, therefore, has not replied to the request made to him within the stipulated time. In this view of the matter, it would be advisable for the jail authorities, while forwarding any request for report regarding a parole of any prisoner lodged in jail, to append therewith the instructions contained in letter dated 16th March, 1999 or the portion which relates to the District Magistrate so as to apprise him of the necessity of sending the report within a period of 21 days. The petition of Rewati Raman has consequently to be disposed of with the observations that the Superintendent, District Jail, Rohtak will take steps to apprise the District Magistrate, Mathura of the necessity of replying to the letter within 21 days and thereafter ensure that the parole application is finally disposed of within 10 days by the DG, Prisons. Ordered accordingly. Disposed of. Ordered accordingly.;
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