Administrative decisions cannot be stopped because of poll code: Bomb...

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You are here: Home > Collections > Bombay High Court

Administrative decisions cannot be

stopped because of poll code:
Bombay High Court

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PTI Mar 24, 2014, 07.23PM IST

| rights | Patil | nominee | Mridula Bhatkar | mean | Lok Sabha | Judicial Event |
| Farooq Motorwala | Election Commission | Commission | Bombay high court |

Tags: state government

Insurability

Assistant public prosecutor

MUMBAI: Administrative decisions of the state government

cannot come to a standstill because of election code of
conduct, the Bombay High Court today said.
The remark was made by a division bench of Justices N H
Patil and Mridula Bhatkar while hearing a petition filed by
Farooq Motorwala, convict in the 1993 serial train blasts
case, challenging refusal of the Minister of State for Home
and Prisons to pass an order in his parole extension plea on
the ground of code of conduct.

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IN-DEPTH COVERAGE
Bombay High Court
Parole

"Motorwala, who was sentenced to life imprisonment, was released on parole in February this year. On
March 6, he applied for extension of parole. However, when no order was passed till March 18, Motorwala
made enquiry with the concerned ministry and was informed that no orders on parole applications or on
extension applications would be passed until the Lok Sabha elections as the Code of Conduct is in
progress," Motorwala's advocate N N Gavankar said.
Irked with this response of the state government, Justice Patil said, "Code of Conduct does not mean that
the government will not take any administrative decisions. Normal and routine functions of the government
cannot come to a standstill and be suspended. Has the Election Commission passed any rule that parole or
extension applications cannot be decided during code of conduct?"
The court further observed that the rights of prisoners cannot be affected. "Does this mean that the
government will not arrest anyone during code of conduct," the court remarked.
The bench directed assistant public prosecutor K V Saste to take instructions and posted the petition for
hearing tomorrow.

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Administrative decisions cannot be stopped because of poll code: Bomb...

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http://articles.economictimes.indiatimes.com/2014-03-24/news/48524...

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Readers' opinions (1)

Sort by: Newest | Oldest
Natarajan D (Chennai)
24 Mar, 2014 08:32 PM
good decision by the court. many decision are pending because of poll. only populist announcement should be
curbed, that too for a limited period

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4/1/2014 9:38 PM