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High Court for State of TelanganaWP/24046/2015disposed of no costs

Smt Azizunnisa, v. The State Of Telangana ,

2015-08-14A V Sesha Sai3 pages

THE HON'BLE SRI JUSTICE A.V. SESHA SAI WRIT PETITION No.24046 of 2015 ORDER:

This writ petition is filed under Article 226 of the Constitution of India seeking the following relief:

"to issue writ of Mandamus to declare the action of the respondents in not considering the petitioner's representations dt: 27.07.2015 to release the petitioner's son on parole despite the severe illness of the petitioner as illegal, arbitrary and unconstitutional and consequently direction may be given to the respondents to release the son of the petitioner viz Mr Muj eeb Ahmed (Al) who is undergoing life imprisonment passed by the Hon'ble I Addl MSJ Court at Nampally in SC no: 423/2006 on 27.08.2009 on Parole at least for one month in view of severe illness of his mother i.e. the petitioner herein." Heard Sri M.A. Qavi Abbasi, learned counsel for the petitioner and learned Government Pleader for Home for respondents, apart from perusing the material available before this Court.

The Court of the I Addl. Metropolitan Sessions Judge convicted the petitioner's son Mohd. Mujeeb Ahmed @ Ahmed Bhai vide judgment in S.C.No.423 of 2006 for the offences under Sections 121 and 121-A of IPC and Section 39 and 40 of Unlawful Activities (Prevention) Act, 1967 and sentenced him to undergo imprisonment for life and also imposed fine of Rs.2,000/- and the convict is in Central Prison, Warangal now. The petitioner who is the mother submitted a representation, dated 27-07-2015 to the State Government requesting for release of her son on parole for 30 days on the ground that the petitioner herein is old aged and is suffering from various ailments. It is submitted by the learned

counsel for the petitioner that the said representation is still pending consideration before the State Government and no orders have been passed.

On instructions, it is submitted by the learned Government Pleader for Home that the said representation is pending consideration before the Government.

In view of the above reasons, the writ petition is disposed of, directing the respondents herein to take appropriate action on the representation, dated 27-07-2015 said to have been submitted by the petitioner herein requesting for release of her son on parole within a period of two (2) weeks from the date of receipt of a copy of this order.

Pending miscellaneous petitions, if any, shall stand closed in the light of this final order. There shall be no order as to costs. ___________________ A.V. SESHA SAI, J August 14, 2015 Pn THE HON'BLE SRI JUSTICE A.V. SESHA SAI

WRIT PETITION No.24046 of 2015 August 14, 2015 Pn