BHAGWANJI GOVINDJI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition by 54 prisoners of Rajkot District Jail is for a direction that the Jail Superintendent be directed to consider and grant emergency parole without obtaining Police Report in exercise of his power. This application is made through jail.

(2.) The learned Additional Public Prosecutor has drawn our attention to the relevant provision, and more particularly to Rule 22 of the Prison (Bombay Furlough and Parole) Rules, 1959.

(3.) By a Government Circular dated 1st April 1978, the Government of Gujarat also empowered the concerned Jail Superintendent to grant emergency parole of three days without obtaining Police Report. By another Circular dated 4th July 1978, the power of the Jail Superintendent to grant emergency parole was extended from three days to seven days. The learned Additional Public Prosecutor has pointed out that this did not work satisfactorily and there were instances of excess grant of parole, and therefore, the power given to the Jail Superintendent to grant emergency parole was withdrawn by the circular dated 10th July 1986, with the result that the power to grant emergency parole now remains with the respective District Magistrate and the Inspector General of Prisons and they are empowered to grant emergency parole and in the facts and circumstances of the given case to dispense with the Police Enquiry.