Rajkumar Gehimal Gidwani thro Brother Ghanshyambhai vs Union of India and Others

Honourable Mr. Justice A.J. Desai

Rule. Mr. M. Iqbal A. Shaikh, learned Central Government Counsel, waives service of notice of Rule on behalf of the respondent No. 1- Union of India and Ms. Amita Shah, learned AGP waives service of notice of Rule on behalf of respondents No. 2 and 3. By way of the present application, the detenu has prayed to extend his parole leave, which has been granted by respondent No. 1 - State of Gujarat, by order dated 11.9.2012 as well as order dated 18.9.2012, by which, he has been released on parole leave for 15 days, in all. The ground mentioned in the application for extending the parole leave is of spine operation, which is fixed on 29.9.2012 at ''Raghukul'' Orthopedic Hospital, Ahmedabad. It is contended in para-5 of the application that the applicant had approached the concerned authority for extension of parole leave on the same ground, but, the same has been orally refused on the ground that there is no provision to extend parole leave for more than 15 days.

By Order dated 26.9.2012, this Court observed that the applicant-detenue can approach the concerned authority for extension of his parole leave, which has been granted by the State Government. Pursuant to which, the detenue has filed an application for extension of parole leave before the State of Gujarat on 27.9.2012. Ms. Amita Shah, learned AGP, states that the Authority has received the application, but, she has no information with regard to the decision of the State Government, qua, the application of the applicant-detenue for extension of his parole leave.

I have heard the learned Advocates appearing for the respective parties and have gone through the medical certificate of the detenue. As observed in the said certificate dated 23.9.2012 that the conservative line of treatment fails, then, planned surgery is fixed on 29th September, 2012, for spine surgery i.e. tomorrow. It is also observed that after surgery, three to four weeks rest is necessary. It also appears from the Communication dated 19.9.2012 of the Superintendent, Junagadh District Jail, that initially the detenue was granted 08 days parole leave on certain conditions, which was extended for a further period of 07 days. Looking to the need of medical treatment of the detenue, the application deserves to be allowed and is accordingly allowed. The parole leave granted by the State Government is extended for a period of three weeks from today on the same terms and conditions which were imposed on the detenue by the State Government, at the first instance, while releasing him on parole leave. Rule is made absolute to the aforesaid extent only. Direct Service is permitted today.