Disposed

Mohd. Irfan Ali, Convict No. 3266 v. The Government of Telangana

Telangana HC17 Dec 2021WP/33870/2021

Case brief

AI extract

What is this about?

High Court permitted petitioner, a convict, to surrender by Jan 5, 2022, to attend his son's wedding. Order exempted him from reporting on wedding days and allowed local police surveillance, classifying it as non-parole release for family reasons.

What did the court decide?

Petitioner permitted to surrender by 5 PM on 05.01.2022; exempted from reporting on Jan 1-3, 2022; directed to report daily between 10 AM and 11 AM and remain in Hyderabad under police surveillance.

Mohd. Irfan Ali, Convict No. 3266 Vs… — Constitutional and Fundamental Rights | Telangana HC (2021)

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HIGH COURT FOR THE^{STATEOF TELANGANA; AT HYDERABAD} - (Special Original Jurisdiction)

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FRIDAY, THE SEVENTEENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY ONE

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PRESENT

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THE HONOURABLE SRI JUSTICE B.VIJAYSEN REDDY

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WRIT PETITION NO: 33870 OF 2021

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Between:

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Mohd. lrfan Ali, Convict No. 3266, S/o, Late lt4ohammed Ashraf AIi, Aged about 64 Years, Presently under going sentence in Central Prisoners Cherlapally, R/o. H No. 1 1-2-463, Habeeb Nagar Nampally, Hyderabad T.S.

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.,,PETITIONER

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AND

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The Government of Telangana, Rep by its Principal Secretary, Home Department, Secretariat Hyderabad T.S

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The Superintendent, Central Prison, Cherlapally, Ranga Reddy District

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...RESPONDENTS

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Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ, order or direction more particularly one in the nature of WRIT OF IUANDAMUS declaring the inaction of the respondents to extend the period of parole for a period of two months 'from 1711212021 onwards enabling the petitioner to attend and perform the marriage of his younger son, Md Ghouse Ali, S/o. Md lrfan Ali, as illegal. ultra vires in the interestqof^justice and equity.

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Counsel for the Petitioner: SRI NASEEB AFSHAM

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Counsel for the Respondents: AGP FOR HOME

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The Court made the following: ORDER

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THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY

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WRIT PETI TIO N No.33870 of 2O2L

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ORDER:

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This wr t petition is filed to declare the action of the respondent in not extend rg the period of parole for a period oF two months from L7.L2,202L orrward enabling the petitioner to attend and perform the marriage of ris younger son, Md Ghouse Ali, S/o. Md Irfan Ali, as arbitrary, il egal and unconstitutiona l.

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Heard lr:arned counsel For the petitioner and learned Assistant Government P eader for Home.

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It is sta.ed in the writ affidavit that the wife of the petitioner is suffering from cancer for the past 20 years. She also has heart, kidney and diabetic rroblems and undertaking treatment from specialist Doctors in Ap:llo Hospital. The daughter of the petitioner is aged 27 year and s unmarried and arrangements are being made for performing hr r marriage. The State Government passed order releasing the petitioner on parole for a period of 30 days vide G.O.Rt.No.156 i Home Services-Ill Department dated 06.09.2021. The petitioner^,vas directed to surrender on 1,7.12.2021. The^petitioner fixed his son's marriage on 01.01.2022 at White Palace Function Hall, Chandrayangut:a to Kattedhan Road, Hyderabad followed by^Valima on 03.01.2022 at Khaja Mansion Convention Centre.

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Learned^qssistant Government Pleader for Home^{submitted that} the parole of t re^petitioner was extended^{on fouroccasionsandthe} petitioner has tl surrender before the Central Prison, Cherlapalli today i.e. t7.72.2027 The^petitioner is seeking fifth extension^{of parole fora} period of six months. He has placed on record a letter^dated 15.11,2021 iss.red by the^{r'incipalSecretary, Home, addressed to the}

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learned Government Pleader for^Home,wherein it^{is stated that it is} not feasible to consider further extension of parole to the petitioner,

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Learned counsel for the^petitioner submitted that the request of the petitioner for parole may be considered on humanitarian grounds, otherwise, he may have to surrender before the Central Prison, Cherlapalli.

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Taking into consideration the fact that the marriage of the younger son of the petitioner is fixed on 01.01.2022 followed by valima/dinner on 03.01.2022, which are evidenced by the weddlng card enclosed by the petitioner along with the writ petition and receipt issued by the White Palace Function Hall in proof of the^petitioner booking the function hall for performing marriage of his son, this Court deems it appropriate to permit the petitioner to surrender before the Central Prlson, Cherlapalli, by 5 PM on or before 05.01.2022. However, this order shall not be preclude the police from making necessary enquiry to find out whether the petitioner is performing his son's marriage on 01.01.2022 and also keep surveillance on the movements of the petitioner. The petitioner is directed to report before the Station House OFficer, Habeebnagar Police Station, everyday between 10 AM and 11 AN4 and further directed not to move out oF Hyderabad City. However, the petitioner is exempted from appearing before the police station on 01.01.2022, 02.0t.2022 and 03,01.2022. It is made clear that this order is passed only to enable the petitioner to perform the marriage of his son and shall not be considered as extension of parole.

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The writ petition is disposed of. Pending miscellaneous applications, if any, shall stand closed. There shall be no order as to costs.

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	Sd/.K.VENKAIAH ASSISTANT^REGISTRAR
//TRUE COPY//
	SECTION OFFICER

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To,

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1 . The Principal Secretary,^{Home Department, Governmentof Telangana'} Secretariai Hyderabad^T.S

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1. ih;'5;H;;i6no""i,^{c"nt,"t prison,chertapaly, Ranga Reddy District [By} Special Messengerl

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3 o;;-Ca io sRl^{NASEEB AFSHAM Advocate[oP-ucl} 4. Two CCs to^{the cp tor nimeliilgh c;,,t f"itlie Stat6 of TelanganalOUTl} 5. Two C.D. CoPies. 6. One Spare^CoPY.

HIGH COURT

DATED:1711212021

ORDER

WP.No.33870 <fi 2021

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DISPOSING O,: THE WRIT PETITION WITHOUT CO{iTS

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Mohd. Irfan Ali, Convict No. 3266 v. The Government of Telangana

Case brief

What is this about?

What did the court decide?

Mohd. Irfan Ali, Convict No. 3266 v. The Government of Telangana

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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