Hon'ble Saurabh Lavania,J.
The case is taken up through video conferencing.
Heard learned counsel for the petitioner as well as learned AGA for the State.
This writ petition has been filed for the following main reliefs:-
"(I) Issue a writ, order or direction in the nature of MANDAMUS thereby commanding and directing to the state Authorities i.e. the opposite parties to ensure the release of the Petitioner on parole as the family of the petitioner is at the stage of starvation.
(II) Issue a writ, order or direction in the nature of MANDAMUS thereby commanding and directing to direct the opposite party no.3 to provide minimum 30 minutes in every week to talk his family members on phone and also provide video call of 30 minutes in every two weeks."
Learned AGA has raised a preliminary objection regarding maintainability of the writ petition on the ground that the relief prayed in the writ petition is not permissible in the writ jurisdiction. In case, the petitioner wants parole to be granted to him, then he will have to apply for it before the competent Authority under the relevant Rules.
It is also submitted that so far as the relief No. II is concerned, the petitioner is being provided an opportunity to contact his family and the test for determining the infection of COVID-19 has also been carried out on the petitioner.
We have considered the submissions made by the learned counsel for the petitioner as well as learned AGA.
We are of the considered view that in case, the petitioner is seeking parole then he will have to apply for it under U.P. (Suspension of Sentence of Prisoners) Rules, 2007 before the competent Authority. The writ petition is not the appropriate remedy for that purpose.
The writ petition being mis-conceived is accordingly dismissed. The petitioner will have liberty to approach the appropriate Authority under the relevant Rules.
Order Date :- 31.5.2021 Arun/-