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2025 DAILYLAW 91545 (KAR)

SMT. NOORJAHAN v. STATE OF KARNATAKA

WP/30834/2025 · 2025-10-29

Suraj Govindaraj

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:43228 WP No. 30834 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 30834 OF 2025 (GM-POLICE) BETWEEN: SMT. NOORJAHAN W/O ABDUL RASHEED, M/O CONVICT PRISONER ASGAR PASHA, CTP NO. 10665 AGED ABOUT 73 YEARS, R/O ISLAMPURA, NELMANGALA TALUK, BANGALORE RURAL DISTRICT - 562123. …PETITIONER (BY SRI. SIRAJUDDIN AHMED.,ADVOCATE) AND: 1. STATE OF KARNATAKA HOME DEPARTMENT, THROUGH PRINCIPAL SECRETARY VIDHANA SOUDHA, BENGALURU - 560001. 2. THE DIRECTOR GENERAL OF POLICE PRISONS AND CORRECTIONAL SERVICES, SHESHADRI ROAD, BENGALURU 560001. 3. THE LIFE CONVICTS RELEASE COMMITTEE REPRESENTED BY ITS CHAIRMAN AND PRINCIPAL SECRETARY, HOME DEPARTMENT VIDHANA SOUDHA, BENGALURE-560001. 4. CHIEF SUPERINTENDENT CENTRAL PRISON BALLARI-583103. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:43228 WP No. 30834 of 2025 …RESPONDENTS (BY SMT. K.P. YASHODHA., AGA FOR R1 TO R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION, DIRECTING THE RESPONDENTS TO CONSIDER AND RELEASE THE PETITIONER'S SON ASGAR PASHA, CTP NO. 10665, TILL THE GOVERNMENT TAKES DECISION TO RELEASE THE PETITIONER'S SON IN THE INTEREST OF JUSTICE AND ETC. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The Petitioner is before this Court seeking for the following reliefs; a. Issue a writ of mandamus or any other appropriate writ, order or direction, directing the Respondents to consider and release the petitioner’s son ASGAR PASHA, CTP No.10665, till the government takes decision to release the petitioner’s son in the interest of justice. b. Issue the direction to the respondents to release the petitioner’s son ASGAR PASHA, CTP No.10665, prematurely. c. Pass any other order(s) which this court may deem fit and proper under the facts and circumstances of the case, in the interest of justice. 2. Learned AGA on instructions submits that the Advisory Board and the Life Convicts Release - 3 - HC-KAR NC: 2025:KHC:43228 WP No. 30834 of 2025 Committee (LCRC) having recommended the premature release of the petitioner. The matter is now pending before the Cabinet for approval which would be considered, and necessary orders would be passed within 60 days from today. 3. In that view of the matter, being of the opinion that the petitioner would be entitled to be released on parole, remission having been approved, I pass the following: ORDER i. Writ petition is allowed. ii. Respondents are directed to release the Petitioner on general parole till the final decision is taken in the matter by imposing usual conditions. SD/- (SURAJ GOVINDARAJ) JUDGE