A full bench of the Bombay high court on Tuesday, while hearing a reference made to it by a two-judge bench to decide whether prisoners convicted under the Protection of Children from Sexual Offences (Pocso) Act can be extended the facility of emergency parole due to Covid pandemic, has expanded the scope of the reference for prisoners convicted under all special laws. The bench has sought a response from the state government and will hear the case on November 5.
The bench, comprising of justices KK Tated, GS Kulkarni and NR Borkar, was informed by advocate Rupesh Jaiswal that an earlier division bench of justice SS Shinde and MS Karnik, while hearing the application of his client for emergency parole, had been presented with conflicting views on the issue.
Jaiswal submitted that as another bench of the HC had granted parole to a man convicted under the Pcoso Act, his client was also eligible for the same benefit. He further submitted that the government notification of May 8 while excluding convicts charged under UAPA, MCOCA, MPID, PMLA, TADA and other special Acts from the benefit of emergency bail, parole and furlough, had not specifically mentioned convicts under the Pocso Act and hence there was no impediment in granting him parole.
Jaiswal informed the full bench that apart from the above he had also placed orders which allowed convicts serving sentences of more than seven years also getting the benefit of emergency parole. Jaiswal, however, added that as there were conflicting orders with regards to whether Pocso Act was a special act and whether prisoners serving sentences above seven years were eligible for emergency parole, the division bench had made a reference to a larger bench. In light of the above Jaiswal submitted that the full bench was to decide on the reference.
{{/usCountry}}Jaiswal informed the full bench that apart from the above he had also placed orders which allowed convicts serving sentences of more than seven years also getting the benefit of emergency parole. Jaiswal, however, added that as there were conflicting orders with regards to whether Pocso Act was a special act and whether prisoners serving sentences above seven years were eligible for emergency parole, the division bench had made a reference to a larger bench. In light of the above Jaiswal submitted that the full bench was to decide on the reference.
{{/usCountry}}After hearing the submissions, the full bench observed that as the issue was about prisoners convicted under all special acts, hence it wanted to know the stand of the state on it. Asking the state to respond, the matter was adjourned to Thursday.
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