HC orders Automatic Extension of Parole Period to Prisoners under State Government Notification [Read Order]

 Maharashtra high court, upon reviewing petitions of multiple convicts, ordered the state prison authorities to automatically extend the parole period until the state government notification under the epidemic diseases act, 1897 is in force.

Maharashtra state government issued a notification on May 8 amending Maharashtra prisons (Mumbai furlough and parole) rules, 1959 by adding a new clause regarding grant and extension of parole to prisoners upon declaration of an epidemic by the state government under the epidemic disease act, 1897. In the notification among certain guidelines for the eligibility of prisoners to get parole, the notification mentioned “the initial period of 45 days shall stand extended periodically in the blocks of 30 days each; till such time that the said notification is in force”

The petitioners’ contention was they were asked to give application for extension every time the parole period expires. It was also observed in print media and electronic media how prisoners were asked for money to get their applications accepted or even considered. The court held that there is no need to apply for parole every time the parole period expires since it is clearly given in the state government notification that the parole period is extended automatically. The court said, “In view of lock-down which was declared and the object behind the notification, no other interpretation is possible.” The court ordered the jail authorities to presume the parole period extended until the state government withdraw the notification and call back prisoners or the court declares a period beyond which extension would not be granted.

Read Order @Latestlaws.com