JUDGEMENT
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(1.) THE District Parole Advisory Committee, Sriganganagar in its meeting dated 23.12.2013 considered
case of convict -prisoner Brij Lal for grant of 20 days' first
regular parole as per the provisions of the Rajasthan Prisoners
Release on Parole Rules, 1958 (for short, 'the Rules of 1958').
The committee relying upon the adverse remarks made by the
Superintendent of Police, Sriganganagar denied the parole.
Hence, this petition for writ is preferred by Mrs. Kanta, wife of
convict -prisoner Brij Lal.
(2.) AS per the averments contained in the petition, the Assistant Director, Department of Social Justice and
Empowerment, Sriganganagar are recommended for grant of
parole, but the Superintendent of Police, Sriganganagar made
adverse remarks merely looking to the fact that the conviction
of convict -prisoner Brij Lal was made for committing murder
of three persons.
As per learned counsel for the petitioner, gravity of the offence for which a prisoner is undergoing sentence is not
of much relevance for grant of parole. It is also pointed out
that an emergent parole was earlier availed by the convict -
prisoner and during the period of that parole, conduct of the
convict -prisoner was satisfactory.
(3.) THIS court by the order dated 18.02.2014 directed learned Government Advocate to make available the remarks
made by the Superintendent of Police, Sriganganagar and the
Assistant Director, Department of Social Justice and
Empowerment, Sriganganagar. Learned Government Advocate
has made the same available for perusal of this court. The
Assistant Director, Department of Social Justice and
Empowerment, made a remark that there is no harm in
granting regular parole to convict -prisoner Brij Lal. The
Superintendent of Police, Sriganganagar, however, noticed that
the convict -prisoner committed murder of three persons and
caused injuries to two other persons, therefore, his release on
parole shall adversely affect the peace and tranquility of the
area.;
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