M. B. SHARMA, J. - (1.) THE accused petitioner as per the letter cum petition which has been treated as writ petition, was convicted u/s 302 I. P. C. on 16th October 1982, and was sentenced to imprisonment for life. An appeal was filed by him and that too was dismissed by the High Court, Jodhpur, and petitioner is presently undergoing sentence in Central Jail Jaipur. THE Special Leave Petition is said to be pending before the Supreme Court. THE petitioner seeks release on parole for a period of 60 days to enable him to repair his kachha house which was said to have been damaged by rain during last year.
(2.) THE contention of the. learned counsel is that the petitioner is entitled to be released on parole on humanitarian ground to enable him to repair his house. It appears from the writ petition that the petitioner has been released on emergency parole on as many as three occasions during the year 1983 and 1988. According to the petitioner his conduct during the period to which he was released on parole, was good. The learned counsel for the petitioner has drawn my attention to Rajasthan Prisoners Release on Parole Rules, 1958 (for short the Rules ). Rules were framed by the State Government in exercise of the powers conferred by sub-section (6) of sec. 401 Cr. P. C. A perusal of the Rules will show that Rule 9-A is in respect of the release on emergency parole in emergent cases. Power is vested in the Superintendent Jail and a prisoner can be released on parole for a period of seven days subject to confirmation by the Inspector General of Prisons, and for a period of not more than 15 days by the Inspector General of Prisons. Rule 10 provides that no second and subsequent release on parole shall be made unless 11 months have elapsed from the date of the expiry of the period of release on parole immediately preceding. Rule 10-A provides that notwithstanding the provisions of Rules 9 & 10 in emergent cases, involving humanitarian considerations (i) critical condition on account of illness of any close relations i. e. father, mother, wife, husband, children, brother or unmarried sister, (ii) death of any such close relation; and (iii) serious damage to life or property from any natural calamity, a prisoner other than those falling in any one or more of the clauses mentioned in Rule 14 could be released on parole for a period not exceeding 7 days by the Superintendent of the Jail and for a period not exceeding 15 days by the Inspector General of Prisons on such terms and conditions as they may consider necessary to impose for the security of the prisoner including a guarantee for his return to the Jail, acceptance or execution whereof would be a condition precedent to the release of such a prisoners on parole. Rule 14 makes a prisoner convicted u/s 302 I. P. C. unable to release on parole unless they have undergone 3/4 sentence including the remissiop and the Superintendent of Jail recommends the case in consultation with the District Magistrate with special reason thereof. A perusal of the certificate said-to have been issued by the Sarpanch, Gram Panchayat, Sardargarh will show that Barkat Ali's house was damaged due to rains in the month of May 1989, when generally in the month of May there are no rains. It is not for this court to enquire into the matter as alleged as to whether the house of the petitioner was damaged in the rainy season or not. An application may be made under the Rules before the competent authority who may to enquire into the matter and pass necessary orders. In the case of Gurdeep Gagga Vs. Delhi Administration, (1), it was said that there do not appear to be any rules for release of a person on parole and High Court can give direction to Delhi Administration. In a case for release on parole of the prisoners including the life convicted prisoners or the prisoners who had already undergone 2/3 of sentence, the Delhi High Court gave directions to consider framing the rules for release on parole for a month every year. Learned counsel also referred to the case of Paru Ram Vs. Union of India, (2) and more so its para 68 & 72. It was a case where the court was dealing with Sec, 433-A of Cr. P. C. The court made some observations in para 68 for crime control too. The court observed in para 72 sub-para (12) that penal humanitaria-nism and rehabilitative desideratum warrant liberal paroles, subject to security, safeguards and other humanizing strategies for immates so that the dignity and worth of the human person are not desecrated and making mass jail enthropoid zoes. Human rights awareness must infuse institutional reform and search for alternatives. Thus, it can be said that there must be some rules in existence for liberal grant of parole and parole should be liberally granted to the prisoners. The rules as appears were framed in the year 1958 and we are in the year 1989 and it can be said that almost 31 years have passed since the rules were framed. The government therefore, should consider framing new rules or for amending the same for shortening of the sentences or for release of convicted prisoners on parole. In the instant case I have already stated earlier that the petitioner has already been granted parole three times. He should apply afresh to the concerned authorities for release on parole on the ground that his property has been damaged. His application shall be considered and if he files the application stating the fact that his house was damaged then parole should be granted to the petitioner to enable him to reconstruct or repair his damaged house in case the authorities are satisfied about the truth of damage of the house.
(3.) I do not like to interfere in the case but with the above observations it is hereby directed that if the petitioner applies for release on parole within two weeks to the concerned authorities, the authorities shall consider his application in the light of the rules and on humanitarian considerations to enable the petitioner to construct or repair his house. A copy of the order may be given to learned counsel for the petitioner free of costs and one copy may be sent to Superintendent, Central Jail, Jaipur. .;