Bombay HC: In View Of Notification for Decongestion of Prisons during Lockdown, There Is Automatic Extension of Parole, No Need to Apply For Extension

Authorities Should have a Secular Mind in Religious Matters: Bombay HC

The Bombay High Court on Monday held that those prisoners or under trials who have already been granted emergency parole as per notification dated May 8 for decongestion of prisons in view of the Covid-19 need not apply for extension of parole once the initial 45 day period is over.

The court allowed six separate petitions filed for relief of direction to continue the parole already granted by the High Court under the said notification of the Government dated May 8, 2020. The bench further referred to certain news items in print media and electronic media wherein it was stated that some officials had asked prisoners to give money either to accept their applications or for consideration of their application.

When order is made by the court under the notification dated 8th May 2020, one needs to go with the presumption that such order is similar to the order made by the Prisoner Authority. Thus in case also, no application is required to be made by the prisoners for extension of parole period. So many applications are received of such nature by this court and that has increased the work of this court unnecessarily. 

Finally, the court decided that the parole period automatically got extended in view of the wordings of the notification. Court also said that the respondents are to see that no applications for extension of parole period are asked from any prisoner when the prisoners are released by jail Authority under the notification.

The bench also observed that unless the court has specifically declared that beyond that period there will not be an extension of the parole period, the authority needs to go with the presumption that there is an automatic extension of the parole period.