Criminal petitioner, serving life imprisonment, sought emergency parole to attend his father's funeral. The Court allowed the writ petition, directing prison authorities to grant a 30-day emergency parole and specify conditions.
Emergency parole granted for 30 days to attend father's funeral with strict conditions for return and no new offences.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 25100 OF 2023 (GM-POLICE)
BETWEEN:
SRI NAWAJ S/O ILIYAS PASHA AGED ABOUT 30 YEARS R/AT NO.290, MODI ROAD ROSHAN NAGAR, D J HALI, BENGALURU – 560 045 (CURRENTLY SERVING LIFE IMPRISONMENT IN CENTRAL PRISON BENGALURU CONVICT PRISONER NO.7506)
…PETITIONER
(BY SRI.MONESH KUMAR K.B., ADVOCATE)
AND:
Digitally signed by PADMAVATHI B K Location: HIGH COURT OF KARNATAKA
NC: 2023:KHC:40665 WP No. 25100 of 2023
BENGALURU – 560 100.
…RESPONDENTS
(BY SRI.MANJUNATH K., HCGP FOR RESPONDENTS)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO THE RESPONDENT TO GRANT OF EMERGENCY PAROLE FOR A PERIOD OF 30 DAYS SO AS TO ENABLE THE PETITIONER TO ATTEND THE OBSEQUIES CEREMONY OF HIS FATHER AS PER THE KARNATAKA PRISONS RULES PRODUCED AS ANNX-E. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner is before this Court seeking a direction by issuance of a writ in the nature of mandamus to respondents granting emergency parole for a period of 30 days, to enable the petitioner to attend the obsequies ceremony of his father.
taken into custody on 09.08.2012. He has remained in custody since then. The imprisonment certificate dated 31.10.2023, would indicate that the petitioner has now completed total sentence of 13 years, 2 months and 22 days including remission. The certificate would further indicate that the petitioner has not sought for parole from the date of his imprisonment. It is for the first time, the petitioner has knocked at the doors of this Court seeking his release on emergency parole on account of performing obsequies on the death of his father. The death certificate indicates that the father of the petitioner died on 26.10.2023.
ORDER
detenue/Nawaj (convict Prisoner No.7506) on emergency parole for 30 days, from the forenoon of 16.11.2023, till the evening of 15.12.2023.
Sd/JUDGE
NVJ List No.: 4 Sl No.: 1
2 issues framed by the court
Whether the petitioner is entitled to emergency parole to attend his father's obsequies.
Whether the High Court can direct respondents to grant emergency parole under Articles 226 and 227 of the Constitution.
Sri Nawaj S/o Iliyas Pasha
The State of Karnataka By The Principal Secretary, Home Department
The Director General of Police Prisons and Correctional Services
The Chief Superintendent Central Prison Parappana Agrahara Electronic City Post
M. Nagaprasanna
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
