The prisoners who were earlier released on emergency parole from jails in Maharashtra will continue to enjoy leave as long as notification, issued by the Maharashtra government dated 8th of May for decongesting prisons in wake of coronavirus pandemic, is in force.
The Bombay HC on Monday clarified that the emergency parole period would be automatically extended & the prisoners, who have earlier been granted the leave, need not formally apply for getting the same as extended again.
A two-member bench of HC, comprising of Justices TV Nalawade& MG Sewlikar, said that the May 8 notification itself stated that emergency parole would be initially for 45 days & later it would be extended by slabs of 30 days each.
Further, the bench said that there would be the automatic extension of the parole period as notification is in force, & prisoners on leave would not be required to submit any kind of formal applications for getting it extended.
“When there is an automatic extension of the parole period, there is no need of giving the application whenever it expires. No other interpretation is possible,” stated the bench.
The bench was hearing applications that were filed by 6 inmates of Paithan&Visapur open prisons in Maharashtra’s Marathwada region, seeking the extension of emergency parole granted to them by HC earlier.
The bench clarified that even the prisoners to whom the emergency parole was granted by HC need not file any applications for getting it extended & their leaves would also get extended automatically.
The bench said that the court granted emergency parole to prisoners based on the state government’s notification dated May 8.
The notification is issued by the state home department to amend Maharashtra Prisons (Furlough and Parole) Rules, 1959 in a bid to allow the jail authorities to release certain categories of prisoners on emergency parole & decongest jails following the raging Covid-19 pandemic.