NARESH GOVINDBHAI PATEL Vs. STATE OF GUJARAT
LAWS(GJH)-2005-4-106
HIGH COURT OF GUJARAT
Decided on April 08,2005

Naresh Govindbhai Patel Appellant
VERSUS
STATE OF GUJARAT Respondents


Referred Judgements :-

VASRAM GAGJI VS. STATE OF GUJARAT [REFERRED TO]
VALJIBHAI BECHARBHAI KOLI VS. STATE OF GUJARAT [REFERRED TO]


JUDGEMENT

J.R.VORA,J. - (1.)Heard learned advocate Ms.S.G.Patel for the petitioner and learned APP Mr. I.M. Pandya for the respondentState.
(2.)This application is preferred by the convict-prisoner against an order passed by the District Magistrate, Rajkot on 17th March, 2005, rejecting the application for convict-prisoner for parole of 90 days for filing of an appeal before the Supreme Court. The application came to be rejected by the District Magistrate on the ground that police opinion was adverse against the petitioner and there were possibilities of breach of peace and abscondence of the convict-prisoner.
(3.)This Court is shocked to learn that the competent authority like District Magistrate acting under statutory powers passes order absolutely mechanically and without application of mind. Not only that but the order passed is in flagrant, violation of and disrespect and disregard of the guidelines issued by this Court frequently to competent authorities, which may amount to contempt of this Court. In the matter of Valjibhai Becharbhai Koli v. State of Gujarat and others, as reported in 1993 (2) G.L.R. 1199 and in the matter of Vasram Gagji v. State of Gujarat and Ors., as reported in 1993 (1) G.L.R. 404, this Court has issued proper guidelines. It is hoped that the competent authority like District Magistrate shall take little pain to go through these guidelines issued by this Court, so this miscarriage of justice may not occur again.


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