Bombay high court raps Maharashtra for not deciding on parole applications

The Bombay high court on Monday rapped the prison department for delay in taking a decision on the parole extension application filed by a 1993 serial bomb blast convict. The department has cited the enforcement of the election code of conduct for not taking a decision.

A division bench of justices NH Patil and MR Bhatkar said, "Administrative decisions of the state government cannot come to a standstill because of election code of conduct."

The observation was made during the hearing of a petition filed by Farooq Motorwala, the convict, challenging the refusal of the minister of state for home and prisons to pass an order on his parole extension plea.

"Motorwala, who was sentenced to life imprisonment, was released on parole in February this year. On March 6, he applied for extension. However, when no order was passed till March 18, he inquired with the ministry concerned and was informed that no orders on parole applications or extension applications would be passed till the Lok Sabha elections as the code of conduct is in place," argued Motorwala's counsel NN Gavankar.

Irked, the court observed, "Code of conduct does not mean that the government will not take any administrative decisions. Normal and routine functions of the government cannot come to a standstill and be suspended. Has the Election Commission passed any rule that parole or extension applications cannot be decided during code of conduct?"

The bench directed assistant public prosecutor KV Saste to take instructions and posted the petition for hearing on Tuesday.