New Delhi: Supreme Court Thursday stay.
The message of the Gujarat High Court who gave a two-week leave to check Narayan Sai, son of Godman Asaram Bapu, who also underwent a life for the case of other rape in Rajasthan.
The APEX court also said that it was necessary to check whether the rules allowed annual leave in accordance with the calendar year or 12 months from the last given to a prisoner.
Judge Dy Chandrachud and Mr.
Shah issued the notice to SAI about the Gujarat government’s request, challenging the command of the Single Judge of the High Court, and remained until further orders.
Public lawyer Tushar Mehta appeared for the Gujarat government, said the command of the Single Judge on June 24, 2021, was given leave for Sai for two weeks, but the division bench has still reached August 13, and therefore the country has moved the top of the court challenging June 24.
Bench said that under the fireplace of the bomb and the rules of parole, it applies to Gujarat as well, a prisoner can be given a leave once every year after he completes seven years in prison.
“The idea of ​​leave is that a prisoner moved away from the prison environment and was able to meet with his family members,” said the bench, and asked Mehta about complaints with the HC command.
Mehta replied that under the rules and even in the assessment of this court, it has been held that leave is not an absolute right, and it depends on various factors.
He said Sai and his father was arrested for violations under the accusation of rape, and they used a considerable influence with money and muscle strength.
Mehta showed that they had even tried to bribe police officers, cellphones recovered from their cells in prison and even three main witnesses were important for their cases killed.
Bench said that now he was punished, all this satisfaction would not be good because he was also given leave in December last year, which was never challenged by the state government.
Mehta said that last year Sai was given a leave for two weeks when he wanted to visit his sick mother and it was purely on humanitarian reasons that the state government did not feel deserving to challenge the command.
The bench then asked Mehta if there was an incident of the legal and order situation during his last leave, or there was a danger for peace and tranquility, which he answered was not on the record.
“The problem now is that he is looking for leave as the right thing that he must be released every year,” said Mehta.
The bench, however, says that point, which needs to be examined, is the meaning of “once every year” as mentioned in the rules, which says a prisoner can take advantage of leave “once every year after he serves seven years in prison”.
“Does once every year every year calendar or once every year it means since the last time he got leave.
This is the point we need to check.
We issued a notification to respondents (Narayan Sai),” said Bench Sai), “said Bench Sai),” Bench Sai said), “Bench Sai said),” Bench Sai said).
It asked for advice that appeared to Sai to submit an answer within a week and post a problem to hear more after two weeks.
On April 26, 2019, SAI was punished under the Indian Criminal Code 376 (rape), 377 (unnatural violations), 323 (attack), 506-2 (criminal intimidation) and 120-B (conspiracy) by the court of the letter and was sentenced Prison sentence for life.
Two letter-based sisters, in 2013, accused him and his father Asaram sexual exploitation, as soon as the latter was arrested for allegedly raping other girls in Rajasthan.
The sister accused Asaram sexual attacks between 1997 and 2006 when he lived in Ahmedabad ashram.
The younger brother accused the son of Godman’s sexual violence when he lived in Ashram Asaram in the Jahangirpura area in a letter between 2002 and 2005.
SAI was arrested from the Border of Delhi-Haryana in December 2013.