Hanuman Anandrao Pendam vs State Of Mah. Thr. Secretary Home ...
2021 Latest Caselaw 14181 Bom

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              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        NAGPUR BENCH, NAGPUR.

                  CRIMINAL WRIT PETITION NO. 537 OF 2021

 Hanuman Anandrao Pendam Vs. State of Maharashtra, Through Secretary
                  Home Department and Another
_______________________________________________________________________
Office Notes, Office Memoranda of Coram,
appearances, Court's orders of directions            Court's or Judge's orders.
and Registrar's Orders.

                  Mr. Firdos Mirza, Amicus Curiae assisted by Ms. Shweta Wankhede, Advocate
                  Mr. S.M. Ghodeswar, APP for the respondent / State



                                 CORAM : V.M.DESHPANDE, &
                                         AMIT B. BORKAR, JJ.

DATE : 30th SEPTEMBER, 2021.

In pursuance of order dated 27/09/2021, the Superintendent of Central Prison, Nagpur has filed his affidavit dated 28/09/2021 giving details as directed by the said order.

2. Today, Mr. Firdos Mirza, learned Amicus Curiae invited attention of this Court to various judgments (unreported) of co-ordinate Bench of this Court and in particular orders passed in Criminal Writ Petition No. 1069/2020. He invited out attention to the order dated 23/09/2020, wherein the co-ordinate Bench of this Court in paragraph No. 2 set out the manner in which orders of this Court are flouted by the prison authority. The Division Bench of this Court issued several directions. It is also

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pointed out that the order passed in CRLPIL No.15/2020, dated 01/02/2021, was challenged before the Hon'ble Supreme Court on 22/02/2021. The SLP against the said order was dismissed.

3. After giving our anxious consideration to the submission made across bar by the learned Amicus Curie, we feel that it is necessary to get information from the respondent No.2 as regards other relevant factors, which are necessary for effectual adjudication of the dispute involved.

4. We therefore, direct the respondent No.2 to give details of following facts on oath.

i. The names of prisoners who are released on emergency parole under Rule 19(1)(c) of the Prison Rules of 1959 though they were not released earlier twice;

ii. The names of prisoners who were denied emergency parole under Rule 19(1)(c) of the Prison Rules of 1959 on the ground that they are resident of other State;

iii. The names of prisoners who are granted emergency parole though they were resident of other State.

iv. The names of prisoners who are already released on emergency parole and after expiry of period of 45 days their parole leave was not automatically extended;

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                 v.       The names of prisoners who were released on

emergency parole under Rule 19(1)(c) of the Prison Rules of 1959 and after expiry of 45 days period their parole leave was automatically extended;

vi. The respondent No.2 shall also give number of applications which are pending for more than one month where the prisoners have sought their release on emergency parole either under Clause I or under Clause II of Rule 19(1) of the Prison Rules of 1959;

vii. The respondent No.2 shall file the detailed affidavit in tabular form along with material to support the statements in the affidavit;

viii. The respondent No.2 shall file his personal affidavit on Monday, 04/10/2021 with advance copy to Mr. Firdos Mirza, learned Amicus Curie for petitioner.

5. Stand over to 04/10/2021 at 2:30 P.M.

6. Steno copy be supplied to the parties to act upon.

                            JUDGE                                   JUDGE




MP Deshpande