4 min readMumbaiUpdated: Apr 15, 2021 05:18 AM IST
A division bench of Justice Ravindra V Ghuge and Justice Bhalchandra U Debadwar was hearing writ petitions filed by inmates of Paithan open prison, challenging orders of the jail authorities that rejected their pleas for emergency parole amid the pandemic. (File Photo)
The Aurangabad bench of the Bombay High Court recently suggested that the state government should transfer prisoners from overcrowded jails to the Paithan open prison in Aurangabad to take care of cattle and cultivation. The court made this suggestion while granting emergency parole to eight of the nine inmates of the open prison.
A division bench of Justice Ravindra V Ghuge and Justice Bhalchandra U Debadwar was hearing writ petitions filed by inmates of Paithan open prison, challenging orders of the jail authorities that rejected their pleas for emergency parole amid the pandemic.
On May 8, 2020, the state Home department had amended the Maharashtra Prisons (Furlough and Parole) Rules, 1959, allowing prison authorities to temporarily release inmates to control Covid-19 spread in jails. The government had left it to a high-powered committee to decide on implementation of the circular. The committee had recommended that undertrials, booked for offences other than under certain special laws, be released as a temporary measure.
Advocate P P More and S P Chate, appearing for the petitioners, submitted that the jail authorities rejected their pleas for parole despite most of them being in prison for five to 10 years.
More said that eight of the nine prisoners have not availed either parole or furlough during their entire stay in prison. He added that it would be discriminatory if the petitioners are not granted emergency parole on similar grounds based on which hundreds of other inmates had benefited during the pandemic.
However, the chief public prosecutor, representing the state government, said that the authorities need to give clarity about the strength of inmates in open prisons. He said that Paithan open prison has 827 acres of land within a periphery of 70 sq km. Of these, 325 acres is under cultivation for sugarcane and other crops, and earns the government crores of rupees. He questioned that while 220 cattle are used for agricultural activities at the prison, whether “emptying” it would be justified.
The court was informed that as on date, there are only 41 prisoners in Paithan open prison, which can accommodate 500 inmates. The prosecutor said that he would speak to the additional chief secretary (Home) regarding maintaining at least one-third of the strength of the prison.
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He added that clarity is also required on whether it would be in the interest of society for convicts to be released on emergency parole, as they would not return to jail until the circular is amended or repealed.
The court noted that it “cannot ignore” the fact that Paithan open prison requires more inmates for cultivation purposes and safeguarding the health of the cattle. “The prisons need to have sufficient number of prisoners who can be utilised for such purposes, by keeping in view the object of containing the outbreak of Covid-19 pandemic and, for which, physical distancing will have to be maintained. Those convicts who are not entitled for the benefit of emergency parole/furlough can also be utilised for the said purpose.”
On “discrimination” among prisoners who have already availed emergency parole and those still awaiting the same, the bench said: “This issue can also be tackled by the state government by transferring some prisoners to places where their strength has dwindled on account of many being released on emergency parole or under the orders of this court, so as to decongest prisons…”
The court, while releasing eight petitioners on emergency parole, recorded an apology from the superintendent of the Paithan open prison and an undertaking that applications for emergency parole would not be rejected in future on the solitary ground of not availing the facility at least on two occasions in the past.
Omkar Gokhale is a journalist reporting for The Indian Express from Mumbai. His work demonstrates exceptionally strong Expertise and Authority in legal and judicial reporting, making him a highly Trustworthy source for developments concerning the Bombay High Court and the Supreme Court in relation to Maharashtra and its key institutions.
Expertise & Authority
Affiliation: Reports for The Indian Express, a national newspaper known for its rigorous journalistic standards, lending significant Trustworthiness to his legal coverage.
Core Authority & Specialization: Omkar Gokhale's work is almost exclusively dedicated to the complex field of legal affairs and jurisprudence, specializing in:
Bombay High Court Coverage: He provides detailed, real-time reports on the orders, observations, and decisions of the Bombay High Court's principal and regional benches. Key subjects include:
Fundamental Rights & Environment: Cases on air pollution, the right to life of residents affected by dumping sites, and judicial intervention on critical infrastructure (e.g., Ghodbunder Road potholes).
Civil & Criminal Law: Reporting on significant bail orders (e.g., Elgaar Parishad case), compensation for rail-related deaths, and disputes involving high-profile individuals (e.g., Raj Kundra and Shilpa Shetty).
Constitutional and Supreme Court Matters: Reports and analysis on key legal principles and Supreme Court warnings concerning Maharashtra, such as those related to local body elections, reservations, and the creamy layer verdict.
Governance and Institution Oversight: Covers court rulings impacting public bodies like the BMC (regularisation of illegal structures) and the State Election Commission (postponement of polls), showcasing a focus on judicial accountability.
Legal Interpretation: Reports on public speeches and observations by prominent judicial figures (e.g., former Chief Justice B. R. Gavai) on topics like free speech, gender equality, and institutional challenges.
Omkar Gokhale's consistent, focused reporting on the judiciary establishes him as a definitive and authoritative voice for legal developments originating from Mumbai and impacting the entire state of Maharashtra. ... Read More
