- (1.) At the outset, it appears expedient to observe that at the initial stage in this case, when the District Parole Committee, Bhilwara was found dealing with the parole prayers under the Rajasthan Prisoners Release on Parole Rules, 1958 ('the Rules of 1958') in a rather unjustified manner, we considered it proper to grant the said Committee an opportunity to see the reasons and to correct its approach. However, and despite this opportunity, the authorities concerned have chosen to ignore the law and so also the letter and spirit of the orders passed by this Court. We have, thus, no option but to pass the requisite orders so as to ensure adherence to law by the authorities concerned while, per force, commenting on their approach.
(2.) This petition has been registered on a letter dated 28.03.2012 as addressed to Hon'ble the Chief Justice of this Court by the petitioner-prisoner Mehboob Ali son of Rustam Ali, who is at present serving the sentence at the Central Jail, Ajmer after being convicted for the offence under Section 302 IPC. The petitioner-prisoner has stated the grievance against denial of first 20 days' parole after serving five years of sentence as follows:- "xxx xxx"
(3.) In this matter, notices were issued on 04.05.2012 and the Government Counsel was granted time for filing reply. The reply on behalf of the respondents was filed on 15.05.2012 stating that as on 08.05.2012, the petitioner had actually served the sentence for 5 years 2 months and 7 days; and inclusive of remission, the total period of serving had been 5 years 10 months and 5 days. While placing on record the minutes of the meeting of the District Parole Committee, Bhilwara dated 29.02.2012, the respondents stated that the Committee considered the adverse report of the Superintendent of Police against the petitioner and, while allegedly 'recording cogent reasons', did not recommend the case of the petitioner-prisoner for parole. The relevant averments in the reply are reproduced hereunder for ready reference:- "5. That the present writ petition has been filed by the petitioner prisoner for granting him parole for a period of 20 days. In this regard, it is most respectfully submitted that earlier the petitioner prisoner was applied for grant of parole of 20 days, which was sent to the District Magistrate, Bhilwara from where from the reports of concerning authorities were called for. However, the Superintendent of Police, Bhilwara given adverse report regarding the petitioner - prisoner. A copy of the report of the Superintendent of Police, Bhilwara is enclosed herewith and marked as Annexure R/1 respectively. 6. Thereafter, matter was considered by the District Parole Committee, Bhilwara on 29.02.2012 and since the report of the Superintendent of Police, Bhilwara is adverse against the petitioner prisoner therefore, while recording cogent reasons, it did not recommend to grant of parole to the petitioner prisoner. A copy of minutes of meeting dated 29.02.2012 is being filed herewith and marked as Annexure R-2. " ;