Bombay High Court Orders 7 Days Jail For Prison Superintendent For Denying Emergency Parole To Eligible Prisoners
2 years, 11 months ago

Bombay High Court Orders 7 Days Jail For Prison Superintendent For Denying Emergency Parole To Eligible Prisoners

Live Law  

The Bombay High Court has held the Superintendent of Central Prison, Nagpur - Anupkumar M. Kumre - guilty of contempt and sentenced him to seven days' simple imprisonment for selectively denying prisoners emergency parole during the Covid pandemic. "If the Court finds that the Government's action in rejecting the grant of parole to a prisoner has the effect of suffocating the Articles 14 & 21 of the Constitution of India, in that case, the Court must act to restore the rule of law and respect the residuary fundamental rights of the prisoners," the court observed. A court ordered enquiry by the DCP of Crime Branch, found that the emergency parole leaves of 35 eligible inmates were rejected while parole was granted to six ineligible prisoners. "Where a person had persistently disregarded the Authority of the Court and has continued with his illegal act in violation of the binding precedent of this Court, in the facts of the case, it will be difficult for this Court to accept even unconditional apology even if made in the inception of the proceedings."

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History of this topic

Calcutta High Court Directs Release Of Prisoner Left 'Languishing' In Jail After Dept Failed To Find His File For Premature Release
2 months, 1 week ago

Calcutta High Court Directs Release Of Prisoner Left 'Languishing' In Jail After Dept Failed To Find His File For Premature Release

Live Law  

The Calcutta High Court has directed the release of a prisoner who was left languishing in jail after the authorities were unable to find the proper paperwork to allow for his premature release, which had been earlier granted.Justice Shampa Sarkar said: The Judicial Department is unable to locate the file and the applicant No.1 is languishing in the correctional home …

Ensure release of prisoners languishing unnecessarily in jails: HC
3 months, 2 weeks ago

Ensure release of prisoners languishing unnecessarily in jails: HC

Deccan Chronicle  

The Madras High Court has asked its Registrar General to ensure that the process for release of prisoners languishing unnecessarily in jails was accelerated by completing the formalities.Filing of necessary petitions through the Legal Aid Services before the competent court should also be ensured.A division bench comprising Justices S M Subramaniam and M Jyothiraman passed the order on Monday on …

Savukku Shankar Detention Case:Justice Swaminathan May Recused If Influenced by External Factors,Says Justice Jayachandran
9 months, 2 weeks ago

Savukku Shankar Detention Case:Justice Swaminathan May Recused If Influenced by External Factors,Says Justice Jayachandran

Live Law  

The Madras High Court on Thursday ruled that the split verdict passed concerning the detention of YouTuber Savukku Shankar was without following the principles of natural justice granting fair opportunity. Justice Jayachandran noted that while the court was not bound by a hard and fast rule of granting 4 weeks to file counter, especially in cases dealing with detention orders, …

Madras High Court delivers split verdict in ‘Savukku’ Shankar case; Judge says two persons tried to influence him
10 months ago

Madras High Court delivers split verdict in ‘Savukku’ Shankar case; Judge says two persons tried to influence him

The Hindu  

In a startling revelation, Justice G.R. Swaminathan of the Madras High Court on Friday wrote that two highly placed persons met him in person and requested him not to decide on merits a habeas corpus petition filed against YouTuber ‘Savukku’ Shankar’s preventive detention under the Goondas Act. The judge said Greater Chennai Police Commissioner Sandeep Rai Rathore had passed the …

High Court summons Pune prison chief over inmate's 'disturbing' medical report
1 year, 1 month ago

High Court summons Pune prison chief over inmate's 'disturbing' medical report

India Today  

Annoyed by an "extremely disturbing" medical report of a prisoner at Pune's Yerwada prison, and the non-compliance of specific court orders regarding his biopsy, the Bombay High Court has summoned the Superintendent of Yerwada Central Prison and a Divisional Commissioner of Police from Pune Police Headquarters to appear before it. Justices SV Kotwal and SG Dige expressed concern, stating, "We …

Special Parole Granted During COVID Can't Be Counted While Calculating Period Of Imprisonment: Orissa High Court
1 year, 3 months ago

Special Parole Granted During COVID Can't Be Counted While Calculating Period Of Imprisonment: Orissa High Court

Live Law  

The Orissa High Court clarified that the period of special parole availed by prisoners due to the outbreak of the COVID-19 pandemic cannot be counted as a period of imprisonment and thus, while counting the period of imprisonment undergone by a convict, the special parole period has to be excluded. While denying relief to the petitioner who urged the Court …

Supreme Court Directs All Prisoners Released On COVID-19 Parole To Surrender Within 15 Days
2 years ago

Supreme Court Directs All Prisoners Released On COVID-19 Parole To Surrender Within 15 Days

Live Law  

Allowing an application filed by Director General, New Delhi, the Supreme Court on Friday directed that all prisoners, who were released on emergency parole by the High Powered Committee during the COVID-19 period based on the orders of the Supreme Court, to surrender within 15 days. "All those undertrial prisoners and convicts who have been released on emergency parole /interim …

Calcutta High Court Imposes ₹2000 Fine On Jail Superintendent For Keeping Undertrial Businessman In Hospital Despite Contrary Medical Opinion
2 years, 1 month ago

Calcutta High Court Imposes ₹2000 Fine On Jail Superintendent For Keeping Undertrial Businessman In Hospital Despite Contrary Medical Opinion

Live Law  

The Calcutta High Court on Thursday imposed a fine of Rs. 2000/- on Superintendent, Presidency Correctional Home in a contempt proceeding for violating a court order by extending the comfort of hospitalisation to an undertrial who did not require institutional medical treatment. Even the medical officer attached to the jail hospital did not opine that institutional treatment of the undertrial …

'Sensitivity And Law Must Be Balanced; One Is Dealing With Humans, Not Mere Files': Delhi High Court While Granting Parole To Murder Convict
2 years, 4 months ago

'Sensitivity And Law Must Be Balanced; One Is Dealing With Humans, Not Mere Files': Delhi High Court While Granting Parole To Murder Convict

Live Law  

"Sensitivity and compassion balanced with rules, regulations and law needs to be maintained by any Court as one is dealing with humans and not mere files and orders," the Delhi High Court has observed while granting parole of 45 days to a murder convict. While considering grant of parole, the court also has to remain conscious of the fact that …

Nagpur jail sees resurgence of Covid cases, 9 inmates test positive
2 years, 9 months ago

Nagpur jail sees resurgence of Covid cases, 9 inmates test positive

Hindustan Times  

NAGPUR: Panic gripped the Nagpur Central Jail on Saturday as nine of its inmates tested positive for coronavirus within 24 hours, an indication of re-emergence of the virus in the prison. Meanwhile, the Mumbai gangster Arun Gawli, who was infected with Covid-19 in 2021, was granted parole by the Nagpur bench of the Bombay high court on the ground of …

Bombay HC suggests Maharashtra IG Prisons to appoint doctors, nursing staff in jails
2 years, 11 months ago

Bombay HC suggests Maharashtra IG Prisons to appoint doctors, nursing staff in jails

India Today  

The Bombay High Court has suggested corrective measures to be followed by the Inspector General Prison to ensure that the Maharashtra Prisons Rules are being complied with. A perusal of the rules would show that a complete mechanism has been provided under these rules to take care of the grievance made by the Senior Advocate.” The court noted that there …

Calcutta High Court To Consider Bail For Convicts Languishing In Jail For 14 Yrs Amid Pendency Of Their Appeals
2 years, 11 months ago

Calcutta High Court To Consider Bail For Convicts Languishing In Jail For 14 Yrs Amid Pendency Of Their Appeals

Live Law  

The Calcutta High Court on Tuesday directed the Registrar of the High Court to prepare a list of appeals where the appellants are in jail for 14 years or more and list those matters before the Court for consideration of bail within 2 weeks. A Bench comprising Justice Bivas Pattanayak and Justice Joymalya Bagchi noted that the Supreme Court in …

Supreme Court Expunges HC Observations Against Superintendent, Central Prison, Nagpur
3 years ago

Supreme Court Expunges HC Observations Against Superintendent, Central Prison, Nagpur

Live Law  

The Supreme Court has expunged the observations made by the Bombay High Court, Nagpur Bench against the Superintendent, Central Prison, Nagpur for filing reply affidavit with incorrect facts in a matter pertaining to rejection of a furlough application of an economic offender. "Since the unqualified apology has been tendered by the petitioner which has been taken on record and taking …

Arrest In Breach Of 'Arnesh Kumar' Guidelines : Delhi High Court Sentences Police Officer To One Day Imprisonment
3 years, 2 months ago

Arrest In Breach Of 'Arnesh Kumar' Guidelines : Delhi High Court Sentences Police Officer To One Day Imprisonment

Live Law  

In a significant judgment, the Delhi High Court held a police officer guilty of contempt of court for arresting a man in violation of the principles laid down by the Supreme Court in the case Arnesh Kumar vs State of Bihar. The Court sentenced the police officer to one-day imprisonment for contempt of court.Justice Najmi Waziri also imposed a fine …

Delhi High Court Expects State To Be More Prompt In Deciding Emergency Parole Applications
3 years, 4 months ago

Delhi High Court Expects State To Be More Prompt In Deciding Emergency Parole Applications

Live Law  

The Delhi High Court has said that it hopes and expects that the State would be more prompt in deciding prisoners' applications for grant of emergency parole. Justice Subramonium Prasad recently made the observation while dealing with the plea filed by one Ashutosh Tiwari seeking a direction on the State to release him on emergency parole for a period of …

Delhi High Court Registry Cites Staff Shortage As Reason For Delay In Communicating Parole Order To Jail
3 years, 7 months ago

Delhi High Court Registry Cites Staff Shortage As Reason For Delay In Communicating Parole Order To Jail

Live Law  

The Delhi High Court was recently informed by its Registry that release of two applicants from the prison was delayed as the parole orders were misplaced and could not be timely communicated to the jail authorities due to reduction in the staff strength.The submission was made before Justice Manoj Kumar Ohri during hearing of bail applications moved by Nazim Khan …

Bombay High Court Refuses To Stay Prison Transfer Order Of Bhima Koregaon Accused Without Hearing State
3 years, 7 months ago

Bombay High Court Refuses To Stay Prison Transfer Order Of Bhima Koregaon Accused Without Hearing State

Live Law  

The Bombay High Court on Friday observed that the accused in the Bhima Koregaon – Elgar Parishad Case resisting their transfer out of Taloja Prison, despite repeatedly complaining about the prison authorities there, is confusing and paradoxical. The court was seized with one plea filed by the kin of accused Dalit scholar Anand Teltumbde, civil rights lawyer Surendra Gadling and …

Supreme Court Seized Of The Matter: Delhi High Court Refuses To Hear Plea For Extension Of Emergency Parole To Prisoners Aged 65+
3 years, 7 months ago

Supreme Court Seized Of The Matter: Delhi High Court Refuses To Hear Plea For Extension Of Emergency Parole To Prisoners Aged 65+

Live Law  

The Delhi High Court on Thursday expressed its disinclination to hear a plea for extension of emergency parole for prisoners above 65 years and those suffering from comorbidities, stating that the Supreme Court is already seized of the matter. Rejecting the Petitioner's request to adjourn the case for a longer date, a Division Bench of Chief Justice DN Patel and …

Delayed release from jails after bail order ‘is just too much’: CJI
3 years, 8 months ago

Delayed release from jails after bail order ‘is just too much’: CJI

The Hindu  

Chief Justice of India N.V. Ramana on Friday said “it is just too much” that people given bail by courts, even by the Supreme Court, have to wait for days before the prison authorities released them. So, as a solution, the Chief Justice, flanked by Justices L. Nageswara Rao and A.S. Bopanna, announced in open court the rolling out of …

Around 400 Prisoners Set To Be Released As Per Directions Of High Powered Committee Of Chandigarh UT
3 years, 10 months ago

Around 400 Prisoners Set To Be Released As Per Directions Of High Powered Committee Of Chandigarh UT

Live Law  

The meeting of the High-Powered Committee for UT Chandigarh was held under the Chairmanship of Mr. Justice Jaswant Singh, Judge, Punjab and Haryana High Court, Chandigarh and Executive Chairman, State Legal Services Authority, U.T., Chandigarh and was attended by Shri Arun Kumar Gupta, IAS, Principal Secretary Home Department, U.T., Chandigarh and Shri Ombir Singh, IPS, IG Prisons, UT, Chandigarh and …

[Covid-19] Delhi High Court Directs 3499 Undertrial Prisoners To Surrender Before Jail Superintendents On Expiry Of Interim Bails
4 years ago

[Covid-19] Delhi High Court Directs 3499 Undertrial Prisoners To Surrender Before Jail Superintendents On Expiry Of Interim Bails

Live Law  

The Delhi High Court on Wednesday directed all 3499 undertrial prisoners who were granted interim bails on the recommendations of the High Powered Committee, to surrender before the Jail Superintendents on the expiry of their interim bail commencing from 7th March. The Division bench comprising of Justice Siddharth Mridul and Justice Talwant Singh also directed the Director General of Prisons …

"Emergency Parole Is Their Right"; Bombay HC Orders Enquiry By Chief Judicial Magistrates Of All Districts In Aurangabad On Allegations Of Bribery Against Jail Officials [Read Judgment]
4 years, 5 months ago

"Emergency Parole Is Their Right"; Bombay HC Orders Enquiry By Chief Judicial Magistrates Of All Districts In Aurangabad On Allegations Of Bribery Against Jail Officials [Read Judgment]

Live Law  

The Bombay High Court on Saturday ordered a thorough enquiry into allegations of demand of bribe against jail authorities for granting emergency parole which their right as per State government's notification dated May 8, 2020 after being informed that over 130 applications seeking emergency parole are pending. iv)This Court has observed that when a prisoner is eligible to get furlough, …

SC Upholds Maharashtra High Power Committee's Categorization Of Prisoners For Temporary Release Due To Covid-19 [Read Judgment]
4 years, 6 months ago

SC Upholds Maharashtra High Power Committee's Categorization Of Prisoners For Temporary Release Due To Covid-19 [Read Judgment]

Live Law  

The Supreme Court has dismissed the National Alliance for People's Movements plea challenging the decision of the High Power Committee in Maharashtra to classify categories of prisoners who will be released on emergency parole.The present option provided is only as a solution to help decongestion and to avoid the spread of virus. The Supreme Court has dismissed the National Alliance …

Covid Parole Pre-Condition Of Timely Reporting Back In Last 2 Releases Applicable Only If Convict Is Released Twice; Bombay HC Reiterates, Allows Release Of 3 Murder Convicts [Read Order]
4 years, 6 months ago

Covid Parole Pre-Condition Of Timely Reporting Back In Last 2 Releases Applicable Only If Convict Is Released Twice; Bombay HC Reiterates, Allows Release Of 3 Murder Convicts [Read Order]

Live Law  

While setting aside Kolhapur Jail Superintendent's order rejecting furlough leave to three murder convicts, Bombay High Court has once again reiterated that the amended clause of the Maharashtra Prisons Amendment Rules, which states that convicts sentenced to more than 7 years shall be considered for release on emergency parole if the he has returned to prison on time on last …

Bombay HC Refuses To Quash High Power Committee's Decision Classifying Categories Of Prisoners For Temporary Release Due To Covid-19 [Read Judgment]
4 years, 7 months ago

Bombay HC Refuses To Quash High Power Committee's Decision Classifying Categories Of Prisoners For Temporary Release Due To Covid-19 [Read Judgment]

Live Law  

The Bombay High Court on Wednesday, refused to quash the decision of the High Power Committee constituted by the State for decongestion of prisons due to the threat of Covid-19, to classify categories of prisoners who will be released on emergency parole. Furthermore, he referred to Clause 8 of the HPC's minutes of meeting dated March 25, 2020 requiring that …

Bombay HC Refuses Bail To G N Saibaba; Says 'Except For Narrating Ailments Said To Be Suffered By Him, No Further Details Given'
4 years, 7 months ago

Bombay HC Refuses Bail To G N Saibaba; Says 'Except For Narrating Ailments Said To Be Suffered By Him, No Further Details Given'

Live Law  

The Bombay High Court, while rejecting the bail application filed by former Delhi University professor GN Saibaba on Tuesday, noted that apart from narrating ailments suffered by the wheelchair bound 90% disabled professor who is serving life imprisonment, no further details are given in the application and considering that he tested negative for COVID-19, Court said that no ground was …

How Many Prisoners In Last 3 Years Were Not Released Within 24 Hours Of Being Granted Bail, Delhi HC Directs DG (Prisons) To Conduct Inquiry And Submit Report [Read Order]
4 years, 8 months ago

How Many Prisoners In Last 3 Years Were Not Released Within 24 Hours Of Being Granted Bail, Delhi HC Directs DG (Prisons) To Conduct Inquiry And Submit Report [Read Order]

Live Law  

Delhi High Court has directed the Director General to conduct an inquiry as to on how many occasions were the prisoner not released within 24 hours of being granted bail by a competent court, for reasons not attributable to that prisoner. The Division Bench of Justice Hima Kohli and Justice Subramonium Prasad has directed the DG to submit a status …

Breaking; Supreme Court declines immediate relief to Maharashtra's encounter cops, who have no option but to surrender [Read Petition]
9 years, 2 months ago

Breaking; Supreme Court declines immediate relief to Maharashtra's encounter cops, who have no option but to surrender [Read Petition]

Live Law  

The 11 convicted encounter cops, whose sentences were suspended by Maharashtra Government in an atrocious order on 2 December and who were directed to surrender before 4 January by the Bombay High Court, today were denied immediate relief by the Supreme Court's Vacation Bench comprising Justices SA Bobde and Prafulla C Pant.The convicts, Dilip Sitaram Palande and others, in their …

Breaking; Supreme Court declines immediate relief to Maharashtra's encounter cops, who have no option but to surrender [Read Petition]
9 years, 2 months ago

Breaking; Supreme Court declines immediate relief to Maharashtra's encounter cops, who have no option but to surrender [Read Petition]

Live Law  

The 11 convicted encounter cops, whose sentences were suspended by Maharashtra Government in an atrocious order on 2 December and who were directed to surrender before 4 January by the Bombay High Court, today were denied immediate relief by the Supreme Court's Vacation Bench comprising Justices SA Bobde and Prafulla C Pant.The convicts, Dilip Sitaram Palande and others, in their …

Sanjay eligible for parole only in 2015: experts
11 years ago

Sanjay eligible for parole only in 2015: experts

The Hindu  

Even as actor Sanjay Dutt bid a tearful adieu to his family members on Saturday to return to Pune’s Yerawada prison after his extended parole, legal experts have said he will not be eligible to apply for parole till next year. The Nagpur Bench of the Bombay High Court recently quashed petitions challenging the validity of the rules restricting a …

Appoint magistrate to control visitors at Lalu jail: Official
11 years, 5 months ago

Appoint magistrate to control visitors at Lalu jail: Official

The Hindu  

With hundreds of visitors flocking the Birsa Munda Central Jail in Ranchi, authorities have demanded that a magistrate be appointed to maintain order at the entrance of the prison where RJD chief >Lalu Prasad Yadav is lodged. “We have requested for a magistrate to be posted near the gate because people pick up arguments with constables if not allowed inside …

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