Parole can't be denied to a Convict unless sufficient material is available, Read HC Judgment

The Punjab and Haryana High Court has reiterated that release of convict on parole is a wing of reformative process aiming to enable the prisoner to have family association or to perform certain family obligations and rituals.

The division bench comprising of Justice G. S. Sandhawalia and Justice Vikas Suri while allowing a criminal writ petition challenging refusal of parole to the petitioner-convict has held that request for release on parole or furlough could not be rejected in a mechanical manner on the ground of apprehension of breach of peace and to decline the request for temporary release by specifying endanger to the security of the State or public order.

The release of the petitioner who was convicted under Sections 302, 120-B and 201 IPC was held to be dangerous for the opposite party and may cause loss of life and property to complainant and endanger the security of the Nation.

The Court was of the view that report of the Senior Superintendent of Police, Sangrur also is singular in its opinion that release of petitioner on six weeks parole could disrupt law and order in the city and endanger the country’s security.

"Nothing has been discussed as such, in which circumstances the petitioner has been convicted, what was his crime and the manner in which he had committed the same to show that his release on parole after 4 years of conviction, endangers the security of the Nation. Even the ground as such of his release has not been discussed whether his parents are genuinely unwell and aged and therefore, the impugned order suffers from lack of application of mind."

Citing Arun Kumar Yadav Vs. State of U.P. Thru Dist. Judge, 2013 Latest Caselaw 414 SC, the Court noted that it is settled principle that release on parole is part of the reformative process.

"The provisions of the Act have been enacted as a reformative measure with an object to enable the prisoner to have family association or to perform certain family obligations and rituals. Sufficient material should be available and there should be solid reasons for declining temporary release on parole."

The Court also mentioned Ram Chander & Ors. Vs. State of Haryana, 2017 Latest Caselaw 5 SC wherein it was held that in the absence of any material before the District Magistrate, denial of benefit of parole as such would not be justified which was being prayed for, for meeting the family members.

The petition was accordingly allowed.

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