- (1.) WE have heard the learned counsel for the petitioner and the learned Deputy Government Counsel for the State and perused the reply submitted by the respondents.
(2.) THIS petition, for release on first regular parole, has been submitted by the petitioner-prisoner, who is confined in the Central Jail, Bharatpur. As per the order of the Advisory Committee (Annexure-1) dated 22.09.2009 all that has been stated is that the application is rejected. No reasons have been assigned in the said order. Along with the reply, the nominal roll of the petitioner-prisoner has been filed as Schedule-A, according to which the petitioner's conduct in jail has been found to be satisfactorily and as per the reply submitted by the respondents, he is otherwise eligible for being considered for release on parole under Rule 9 of the Rajasthan Prisoners Release on Parole Rules of 1958. As per the report of the Superintendent of Police, nothing specific has been mentioned and we find that there is no recommendation either for or against the release of the petitioner on parole. So far as the Social Welfare Officer is concerned, the Social Welfare Officer has also not given any positive or negative recommendation, so far as the release of the petitioner on parole is concerned.
(3.) THUS, we find that there is nothing adverse on record against the petitioner to deny him the right to be released on first regular parole, under Rule 9 of the Rules of 1958, for 20-days. In the present case, neither the Advisory Committee has assigned any reasons for rejecting the application submitted by the petitioner. It is expected from the Advisory Committee that they must give the reasons for refusing or allowing the application for grant of parole. This fact should be taken a note of by the District Magistrate and the Advisory Committee in future. The Social Welfare Officer as well as the Superintendent of Police from whom the reports are sought with regard to the release of prisoner on parole must also in future give their specific recommendations for or against the release of the petitioner on parole and specify the reasons for the same. A copy of this order be sent to the District Magistrate, Superintendent of Police and the Social Welfare Officer, District Sawai Madhopur for future reference, guidelines and compliance thereof. ;