Rajasthan High Court
Asfaq S/O Shri Abdul Aziz vs State Of Rajasthan on 17 August, 2021
Bench: Sandeep Mehta, Rameshwar Vyas
(1 of 3) [CRLW-1050/2021]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Criminal Writ Petition No. 1050/2021
Asfaq S/o Shri Abdul Aziz, R/o Lalsot Road, Opposite Purana
Cinema Hall, Near Bank Of India, Dausa Raj. (At Present
Confined In Central Jail Jaipur). Through His Son Farookh Khan
Son Of Shri Asfaq Aged About 28 Years R/o Lolsot Road,
Opposite Purana Cinema Hall, Near Bank Of India, Dausa Dist.
Dausa Rajasthan.
----Petitioner
Versus
1. State Of Rajasthan, Through Principal Secretary ( Home),
Govt. Of Rajasthan.
2. The Superintendent, Central Jail, Jaipur.
3. Union Of India, Through, Under Secretary, Ministry Of
Home Affairs, Govt. Of India.
----Respondents
Connected With
D.B. Criminal Writ Petition No. 948/2021
1. Fazlur Rehman Sufi @ Shamim S/o Abdul Rehman Sufi,
R/o 54/b 2Nd Floor, Room No. 42, Hingwala Building,
Meghraj Sethi Marg, Mumbai-400011, (Maharashtra), At
Present Confined In Central Jail, Jaipur, Rajasthan.
Through His Wife, Ashrafi Anisa Fazlur Rehman W/o Fazlur
Reman Sufi, R/o 54/b 2Nd Floor, Room No. 42, Hingwala
Building, Meghraj Sethi Marg, Mumbai-400011,
(Maharashtra)
2. Abre Rehmat Ansari Son Of Shri Noor Mohammed Ansari,
Resident Of Village Dhaurahra, Post Deegha P.s.
Khalilabad, District Sant Kabir Nagar, (U.p.) 272175.
Presently Lodged In Central Jail, Jaipur, Rajasthan.
Through His Wife Ameequnisa Abre Rehmat Ansari Wife
Of Shri Abre Rehmat Ansari, R/o Village Dhaurahra, Post
Deegha P.s. Khalilabad, District Sant Kabir Nagar, 272175,
(U.p.).
----Petitioners
Versus
1. State Of Rajasthan, Through Principal Secretary (Home),
Govt. Of Rajasthan
(2 of 3) [CRLW-1050/2021]
2. The Superintendent, Central Jail, Jaipur.
3. Union Of India, Through Secretary, Ministry Of Home
Affairs, Govt. Of India.
----Respondents
For Petitioner(s) : Mr. Nishant Vyas
Mr. Mujahid Ahmad
For Respondent(s) : Mr. R.D. Rastogi, ASG assisted by
Mr. Akshay Bhardwaj (through V.C.)
HON'BLE MR. JUSTICE SANDEEP MEHTA
HON'BLE MR. JUSTICE RAMESHWAR VYAS
Order
17/08/2021
These two parole writ petitions have been preferred by the
petitioners-convicts seeking direction for their release on
Emergent Parole on the premise that the COVID-19 Pandemic is
spreading and thus, the lives of the petitioners are at risk.
Reliance in support of the prayer for their release on the Emergent
Parole is based on an order dated 16.07.2021 passed by the
Hon'ble Supreme Court in In Re: Contagion of COVID-19 Virus in
Prisons in Suo Motu Writ Petition (c) No.1/2020.
We have heard and considered the submissions advanced by
the learned counsel for the parties and have gone through the
material placed on record.
Suffice it to say that the operative part of the Hon'ble
Supreme Court order (supra) reads as below:-
"So far as those prisoners who have already
been released on bail from the prison by virtue
of orders passed by this Court from time to
time and on the basis of recommendations of
High Powered Committees constituted for the
purpose are concerned, they shall not be asked
to surrender to the prison, until further orders."
(3 of 3) [CRLW-1050/2021]
It cannot be gainsaid that seeking special parole under the
above judgment is not a vested right of every convict. Special
paroles had been extended to various convicts under the orders
passed by the Hon'ble Supreme Court by way of an exception
considering the phenomenal rise in COVID cases which has
receded significantly for the present. The Hon'ble Supreme Court
has directed different Legal Service Authorities to form High
Powered Committee to consider grant of special/emergent parole
to the convicts who are lodged in various jails.
Shri R.D. Rastogi, learned ASG has placed on record the
recommendations dated 13.05.2021 issued by the High Powered
Committee constituted in the State of Rajasthan which has
resolved to release various convicts on parole excluding those,
who have been convicted for the offences relating to Acid Attack,
Rape, Dacoity, Murder, Section 4 or 6 of the Protection of Children
from Sexual Offence Act, 2012, the Narcotic Durgs and
Psychotropic Substances Act, 1985, Economic Offences, the
Prevention of Corruption Act, 1988, the Prevention of Money
Laundering Act, 2002, Anti National Activities, the Unlawful
Activities (Prevention) Act, 1967.
Apparently, the petitioners have been convicted for terrorist
activities and thus, they cannot claim emergent parole by virtue of
the Hon'ble Supreme Court order referred to supra. Thus, we find
no merit in these writ petitions which are dismissed as such.
A copy of this order be placed in each files.
(RAMESHWAR VYAS),J (SANDEEP MEHTA),J
Tarun/Arun/38-39
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