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The government of Karnataka told the Karnataka High Court that clause (n) of sub-rule 191 of the Karnataka prison Rules, 1974, has been omitted.
Clause (n) of sub rule 191 of the Karnataka prison Rules is in respect of prisoners who are undergoing sentence in default of fine not preceded with substantive sentence. Under the proviso the power was conferred to release the prisoners on emergency parole till Karnataka Epidemic Disease COVID 19 Regulations, 2020 are in force.
Counsel appearing for the petitioners Advocate Shaikh Saoud had contended that by denying parole to the Petitioners it actually amounts to contempt of court of the order passed by hon’ble Supreme Court on date 23/03/2020.
Court directed the State to relook at its decision stated that “Prima facie, it appears to us that the exclusion introduced by clause(n) may not be consistent with the order of the Apex Court, issued under Article 142 of Constitution of India. Moreover, Prima Facie it appears to us that many of the offences for which sentence in default of fine is not preceded with the interest of the security of the state. The same may be offences arising out of private transaction or commercial transactions.”
While disposing of the petition the Court made it clear that “in case of prisoners whose applications for parole were rejected relying upon the aforesaid clause (n), which is now deleted, it will be open for them to make fresh applications for parole, which shall be decided by the concerned authority empowered to grant parole as expeditiously as possible, keeping in view the direction issued by the Apex Court on 23rd March 2020 in suo motu Writ Petition (Civil) No.1/2020.”
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