Bombay High Court grants relief to the sister-in-law of Tiger Memon to attend her daughter’s marriage
Clarion India
MUMBAI — The Bombay High Court on December 31, 2020 granted parole to a life convict in the 1993 Mumbai blasts in order to enable her to attend her daughter’s wedding on January 8, 2021.
A vacation bench of Bombay High Court consisting of Justice S.S. Shinde and Justice Abhay Ahuja allowed convict Rubina Suleman Memon’s plea to attend her daughter’s marriage on January keeping in view the human rights of the daughter.
Sister in law of Tiger Memon, one of the primary conspirators of the 1993 blasts was convicted to life imprisonment and is undergoing the sentence in in Yerwada Central Prison (Ladies Wing) after she was convicted by a TADA Court under Sec. 120B of IPC and Sec. 3(3) of TADA (P) Act, 1987.
Rubina had file an application seeking parol leave on October 8 2020 for her daughter’s marriage, according to the report, reports LiveLaw.in.
However, no development was made with regards to the said application.
A mail was circulated from the office of Divisional Commissioner on 22nd December 2020 wherein it was stated that the DIG will be dealing with the application for parole leave.
Aggrieved by this, the petitioner had approached the High Court.
Adv. Farhana Shah, appearing on behalf of the petitioner had argued that she had made several phone calls to the Yerwada Central Prison authorities on 11th November, 2020 inquiring about the status of the parole application to which she was informed that a report is awaited from the Mahim Police Station and it is only after the receiving of the report that the application of parole leave will be granted.
The Public Prosecutor for the State had submitted a report on 28th December 2020 allowing the petitioner to be granted a two day parole leave for attending h daughter’s marriage subject to the payment of Police Bandobast Charges prior to the release. To this, the Court had ordered that the matter will be listed on the 31st of December 2020.
Rubina’s counsel Farah Shah submitted that at least a 7 day leave should be granted to the petitioner in the view of attending various marriage related function. It was also submitted that the petitioner had already undergone imprisonment of more than 13 years in Yerwada Prison and had never been released on parole till date.
The Bench asked the Public Prosecutor for the State on the conduct of the petitioner from her period in the Central Jail to which it was stated that the conduct was satisfactory. A police report was also submitted to the Bench on petitioner’s conduct.
To this, the Bench while granting a 6 day parole leave to the petitioner ordered that “Considering the aforesaid circumstances and keeping in mind the human rights of the daughter, we are inclined to entertain the Petition. We accordingly direct Respondent No. 4 viz. the Superintendent of Prison, Yerwada Central Prison, Pune to release the Petitioner viz. Smt. Rubina Suleman Memon with Police Bandobast on parole leave from 6th January 2021 to 11th January 2021 (inclusive of both days) to attend the marriage related functions of her daughter subject to a deposit of Rs. 1,00,000/- with the Police Headquarter, Pune by 5th of January, 2021. The Petitioner is directed to report back to Respondent No. 4 by 12th January, 2021.”
The 1993 Bombay blasts (13 blasts in total) were carried out on March 12, 1993 which caused wide-spread bloodshed in the city. The blast claimed lives of more than 200 people and around 1400 were injured.
(With inputs from LiveLaw.in)
