Grandmother’s death henceforth will be a ground for release on parole for convicts, with the Bombay high court in a recent order stating that grannies be included in the list of class of nearest relatives under the prison rules.
A division bench of justices SS Shinde and VM Deshpande, while allowing the petition by a convict, Dyaneshwar Jadhav, directed the authorities to release him on the usual terms and conditions for him to meet his family after the demise of his grandmother.
The bench stated that Rule 19 of the Prisons (Bombay Furlough and Parole) Rules, 1959, lays down the conditions for release under parole in case of serious illness or death of nearest relatives. However, the public prosecutor opposed the plea on the grounds that in the list of nearest relatives, the grandmother is not included and, therefore, the authorities had rightly rejected the application.
After considering the arguments of both sides and a previous order of the high court delivered in 2012 in connection with a similar case, which was cited by the convict’s advocate, the bench noted that, “In the light of judgment of this Court delivered in 2012 we are inclined to allow the petition. In the result, we quash and set aside the order dated January 10, 2014 passed by the competent authority.”
Convict can now visit home
The public prosecutor had opposed the plea of convict Dyaneshwar Jadhav on the grounds that in the list of nearest relatives, the grandmother is not included and, therefore, the authorities had rightly rejected the application. The court, however, allowed the petition based on a previous order of the high court delivered in 2012 in connection with a similar case.