Judgment 1. The instant petition has been registered on the letter of the convict Heera Lal undergoing imprisonment for life for offence under Section 302, IPC. 2. On 011.2004 the applicant sent an application through the Superintendent Central Jail, Bikaner to the District Magistrate, Sri Ganganagar, seeking direction for his release on parole on the ground of death of his father Sant Lal Sharma on 011.2004. As the letter was not responded by the District Magistrate, he addressed the letter dated 211.2004 to this Court. It was received on 112.2004. 3. A Division Bench of this Court to which one of us was a Member (N.N. Mathur, J.) considering the fact that the petitions registered on the letter of the convicts asking for the release on parole remain pending for long for the reason that the reply to such applications are not filed in time by the jail department the Court evolved a procedure to expedite the hearing of such matters. The Court directed as follows:- “(1) All the parole applications will be taken up by this Court, as far as, in the second sitting i.e. 2:00 p.m. .(2) Thejail department will depute an officer to daily attend the Court and collect the copies of the parole applications. (3) Thenecessary informations will be submitted by thejail department in a proforma, to be prepared by the department. .(4) TheHome Department is directed that as and when the parole application is rejected on the ground of adverse police report, the concerned authority shall send the proceedings also alongwith police report. .(5) The Dy. Registrar (Judl.) is directed to supply the photo stat copy of the application filed for parole to the officer nominated by the jail department. The jail department will give in writing to the Dy. Registrar (Judl.) the person who will be authorized to receive the copy of the parole applications. It will be open to the jail department to give the name of the three officers.” 4. Accordingly, when the matter was listed on 212.2004 the jail department placed the requisite information in the prescribed proforma. It appears that on 011.2004 the applicant applied for emergency parole on the ground that his father died on 011.2004. The fact was sought to be confirmed by sending radiogram to the SHO Police Station, Sri Ganganagar. The decision of the Collector on the application was awaited.
It appears that on 011.2004 the applicant applied for emergency parole on the ground that his father died on 011.2004. The fact was sought to be confirmed by sending radiogram to the SHO Police Station, Sri Ganganagar. The decision of the Collector on the application was awaited. Explanation was sought from the Collector, Sri Ganganagar for not disposing the application for emergency parole expeditiously. The Collector, Sri. Ganganagar in his explanation has stated that the application for parole was received in his office by post through Superintendent Central Jail on 111.2004. By communication dated 211.2004 the comments were sought from District Superintendent of Police, Sri Ganganagar, Assistant Director, Social Welfare Department and Superintendent Central Jail, Bikaner. The comments were received from the Superintendent of Police, Sri Ganganagar on 212.2004. On the same day the applicant-convict was granted parole for 15 days. 5. The routine manner in which the Superintendent Central Jail, Bikaner, the Collector Sri Ganganagar and the other authorities have dealt with the application for emergency parole indicates the total ignorance as to the significance of the provisions of emergency parole as contained under the Rajasthan Prisoners (Release on Parole) Rules, 1958. Section 10-A of the Rules of 1958 reads as follows:- “10-A. (1) Notwithstanding the provisions of Rules 3, 4, 5, 9 and 10, in emergent cases, involving humanitarian considerations viz. (1) critical condition on account of illness of any close relations i.e. father, mother, wife, husband, children, brother or unmarried sister; (2) death of any such close relation; and (3) serious damage to life or property from any natural calamity. .(4) Marriageof a Prisoner, his/her son or daughter or his/her brothers/sisters in case his/her parents are not alive, A prisoner may 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 (District Magistrate) 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 prisoner on parole. .(ii) A copy of the order for release of prisoners on parole shall be endorsed to the next higher authority giving full circumstances under which the parole has been allowed.
.(ii) A copy of the order for release of prisoners on parole shall be endorsed to the next higher authority giving full circumstances under which the parole has been allowed. In case the next higher authority does not approve the grant of parole, he may ask the authority granting the parole to revoke the same who shall act accordingly.” 6. The provision itself speaks of release of the convict in emergency involving humanitarian considerations. It is excepted from the authorities who have been entrusted with the job of emergency parole involving humanitarian considerations to act expeditiously. 7. It must not be forgotten that a convict also being a human-being continues to have his dignity, self respect and human rights even while under custody, in any form of detention or imprisonment. The Apex Court, interpreting Articles 14, 19 and 21 of the Constitution of India with respect to the prisoners right in Mohd. Gaisuddin vs. State of Andhra Pradesh, reported in AIR 1977 SC 1926 , has observed as follows:- “We strongly feel that humanitarian winds blow into this decade when jail reforms from abolition of convicts, customs and conscript labour to restoration of basic companionship and atmosphere of self respect and paternal touch are on the urgent agenda of the nation. Our prisons should be correctional houses, not cruel iron aching the soul.” In Sanjay Suri vs. Delhi Administration, reported in AIR 1988 SC 414 , advise the authorities dealing with the convicts to change their attitude towards prisoners and protect their human rights for the sake of humanity. 8. In the instant case each authority involved must search their conscience if their approach was human, while attending the prayer of the applicant for release on emergency parole on the death of his father. Superintendent Central Jail, Bikaner failed to ensure that the application reaches to Collector expeditiously. There is a delay of 7 days. The application was received in the office of the Collector, Sri Ganganagar on 111.2004, but the comments were sought from the other authorities as late as 211.2004. The concerned authorities send their comments as late as on 212.2004. Any person having a human approach instead of taking the matter in routine could have taken a decision in not less than 24 hours pressing into the communication facilities available which they only utilize for the personal use or services of the VIP or VVIP.
The concerned authorities send their comments as late as on 212.2004. Any person having a human approach instead of taking the matter in routine could have taken a decision in not less than 24 hours pressing into the communication facilities available which they only utilize for the personal use or services of the VIP or VVIP. We hope and trust that the authorities concerned will understand the object between the legislative command of emergency parole on humanitarian considerations as contained under Section 10-A. 9. We do not say more. Let the concerned authorities such their souls. The application stands disposed of . The copy of this order be send to the Secretary, Department of Home for further transmission of copy of this order to all concerned authorities involved in exercise of powers of emergency parole, with appropriate instructions.