Smt Zehra Nishat, , Zohara Nishat, v. State Of Telangana,

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH TUESDAY THE FOURTEENTH DAY OF JULY TWO THOUSAND AND FIFTEEN HONOURABLE SRI JUSTICE A.V. SESHASAI Between:

Smt. Zehra Nishat @ Zohara Nishat ... Petitioner V/s.

The State of Telangana, Represented by its Prl.Secretary Department of Home, Secretariat, Hyderabad & Ors. ... Respondents Counsel for the Petitioner : Sri M.A. Qavi Abbasi Counsel for the Respondents : GP for Home [TS] The court made the following : [order follows] ` HONOURABLE SRI JUSTICE A.V. SESHASAI

O R D E R :

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

"To declare the action of respondents in releasing the husband of the petitioner on parole even in Ramzan festival is as illegal, arbitrary, unconstitutional and consequently to direct the respondents to release the husband of the petitioner Mr. Mujeeb Ahmed [A-1] who is undergoing the sentence of life imprisonment in SC.No. 423 of 2006 on the file of the Court of I-Additional Metropolitan Sessions Judge, Nampally, Hyderabad, on parole at least for one week in eve of Ramzan festival and to pass such other suitable orders as this court may deem fit and proper under the circumstances of the case."

2. The case of the petitioner is that her husband is a life convict by virtue of the judgment in SC.No.423 of 2006 on the file of the Court of I-Additional Metropolitan Sessions Judge, Nampally, Hyderabad. The sum and substance of the writ petition is that even though the petitioner's husband is entitled to be release on Parole, the respondents are not releasing him. It is not the case of the petitioner herein that any application is made to the concerned authorities with

the said request before the authorities. It is also submitted by the learned counsel for the petitioner that no such application is made so far. In these circumstances, this court deems it appropriate to dispose of the writ petition with a liberty to the petitioner to make an application before the appropriate authority in the said regard.

3. In view of the above facts and circumstances, the petitioner is granted liberty to make necessary application before the respondents herein for her grievance and in the event of filing such application the respondents may be considered the same and pass appropriate orders in accordance with law. No costs.

4. As a sequel, Miscellaneous Petitions if any, pending in this writ petition shall stand closed.

___________________ JUSTICE A.V.SESHASAI 14/07/2015 I s L HONOURABLE SRI JUSTICE A.V. SESHASAI

Date: 14/07/2015 Circulation No.

Court Master: I s L