Two convicts of 7/11 approach Bombay HC challenging Prison Rules

PRISON Law Insider

Snehal Upadhyay-

Two people, who were convicted in the 7/11 Mumbai Serial Train Blasts Case, have now reached Bombay High Court challenging the prison rules in violation of their Article 14 and 21 of the Indian Constitution.

The convicts have stated that the 2018 amendment to the prison rules, which mandatorily impose on convicts to pay police escort charges for release on parole following a blood relative’s death, is violative of the Right to Equality (Article 14) and Right to life and Personal Liberties (Article 21).

The petitions were filed by Muzammil Shaikh and Mohammed Ali Alam Shaikh through Advocate Kritika Aggarwal.

The petitioners contended that “The fundamental essence of Article 14 can be best described when unequal people are given rights, which may be unequal, but treats them equally. The fact that if the petitioner came from an economically sound family, he would be able to enjoy his four days of parole shows that the petitioner’s fundamental right is being violated.”

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Muzammil’s petition mentions that in 2018 he was granted parole for a day by the Apex Court to see his unwell mother who was hospitalized. He had to pay Rs. 70,000, and he wishes to see her again, but the amount is huge and unjustified.

“That very high police escort charge renders the right under Rule 19(1) of Prion Rules 1959, 2018 Amendment meaningless, especially for those coming from an economically poor background,” the petitioner contended. 

Even if a person is eligible for emergency parole and is not having the required amount they can not avail of this right, which adversely makes infringement of the fundamental rights Article 14 and Article 21.

The Division Bench comprising of Justices SS Shinde and NJ Jamadar has given time to prosecution for responding to the petitions.

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