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Judgment
Heard Mr. Menezes, learned Counsel for the Petitioners and Mr. Bhobe, learned Public Prosecutor for the State. Mr. Venancio Furtado, Inspector General of Prisons, is present in person.
This Petition is instituted by the Petitioners, who were released on parole in terms of the decision of the High Powered Committee constituted pursuant to Order dated 23.03.2020 of the Hon'ble Supreme Court in Suo Motu Writ Petition (Civil) No. 1 of 2020.
The Inspector General of Prisons, Panaji, Goa, in pursuance to the decision taken by the High Powered Committee and in exercise of powers conferred on him under Rule 1202 of the Goa Prisons Rules, 2021, extended the period of parole granted to the Petitioners for a period of 30 days from 27.05.2022 to 25.06.2022.
Petitioners' grievance is that the order directing the Petitioners to surrender on expiry of the parole i.e. 25.06.2022, failing which the surety amount will be forfeited and arrest warrants will be issued, is in breach the order dated 16.07.2021 of the Supreme Court in SMWP (Civil ) No. 1/2020. Learned Counsel appearing for the Petitioners has invited our attention to that part of the order; which reads as under :
“So far as those prisoners who have already been released on bail from the prison by virtue of orders passed by this Court from time to time and on the basis of recommendations of High Powered Committees constituted for the purpose are concerned, they shall not be asked to surrender to the prison, until further orders.”
It is therefore argued that in absence of further orders, the Petitioners could not have been directed to surrender.
Mr. Bhobe, learned Public Prosecutor, would contend that the High Powered Committee in its meeting dated 22.06.2022 after taking into consideration the orders passed by the Apex Court in Dolphy vs. State of Kerala WP (Civil No. 1067/2021), sought an opinion of Advocate who represents the State in Supreme Court, “whether there are any orders made by the Supreme Court that would prevent the High Powered Committees from recalling the released convicts or not extending their parole any further.” Where-after, upon receiving the opinion, and in view of the orders in Dolphy (supra), passed by the Supreme Court, the High Powered Committee on 23.06.2022, decided not to extend the parole, any further.
Mr. Bhobe, learned Public Prosecutor, on instructions, submits that, in view of the decision of the High Powered Committees, the State would not extend the parole, but would recall the released convicts to surrender within reasonable time.
In consideration of the facts stated above, the Inspector General of Prisons shall issue the appropriate circular and/or notice to the prisoners including the Petitioners, to surrender to the jail authority within a reasonable period as they deem fit and proper, which shall not be less than seven days.
Let, Inspector General of Prisons, Panaji, Goa, to complete the exercise, no sooner, order is uploaded on the website of the High Court.
It is clarified that, Petitioners are at liberty to challenge such circular and/or notice and/or decision of the High Powered Committee as they deem fit appropriate.
Petition is disposed of in the aforesaid terms.