In a significant ruling, the Rajasthan High Court has mandated the District Magistrate of Dausa to resolve a prisoner's parole application within four days, enabling him to support his wife during her impending childbirth. The bench, led by Justice Anoop Kumar Dhand, emphasized adherence to Rule 23 of the Rajasthan Prisoners Release on Parole Rules, 2021, which stipulates a four-day decision period for such applications.
Background of the Case
The petitioner had submitted a parole application to the Jail Superintendent, which was subsequently forwarded to the District Magistrate in December 2024. Despite the urgency, with the wife's delivery date imminent, the application remained undecided, prompting the petitioner to seek judicial intervention.
Court's Observations
Upon reviewing the case, Justice Dhand noted that under Rule 11(1)(v) of the 2021 Rules, prisoners are eligible for emergent parole in situations like childbirth. Furthermore, Rule 23 mandates that such applications be resolved within four days of receipt. The court found the authorities' inaction inconsistent with these mandatory provisions.
Directive Issued
Considering the wife's due date of January 29, 2025, and the possibility of an earlier delivery, the court directed the District Magistrate to expedite the decision on the pending parole application within four days from the date of the order. This directive underscores the necessity for timely administrative responses in urgent personal matters concerning inmates.
Implications of the Ruling
This judgment reinforces the legal obligation of authorities to act promptly on parole applications, especially under emergent circumstances outlined in the Rajasthan Prisoners Release on Parole Rules, 2021. It highlights the judiciary's role in ensuring that administrative bodies adhere to prescribed timelines, thereby safeguarding inmates' rights to participate in critical family events.
Conclusion
The Rajasthan High Court's decision serves as a crucial reminder of the importance of procedural compliance by authorities handling parole applications. By directing a swift resolution in this case, the court has upheld the intent of the parole rules to facilitate inmates' involvement in significant family matters, ensuring that bureaucratic delays do not impede their rights.
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