Prisoner Shouldn't Be Denied Opportunity To Attend Significant Family Event Merely Because Family Not Dependent On Them: Punjab & Haryana HC

The Punjab & Haryana High Court has made it clear that a prisoner should not be denied the chance to attend a significant family event, merely because the family members are not dependent on the prisoner.

While allowing parole to a prisoner serving a sentence under Section 15 of the NDPS Act, Justice Anoop Chitkara said, "A prisoner should not be ordinarily denied the opportunity of attending a significant family event merely because the immediate relatives, in addition to friends and the neighbors, have become accustomed to usually caring for the family members of a person under incarceration and the family is not dependent on the prisoner."

The Court further said that the prisoner himself not only longs for the presence, cooperation, support, and even financial help of his family but is also expected to reciprocate by attending the sacrosanct family functions, despite such attendance carrying the risk of social boycott or dejection.

The Court was hearing a plea moved by a convict under Section 15 of the NDPS Act, seeking parole to attend the 'bhog ceremony' of his father who recently died.

The counsel for the petitioner contended that the denial of parole would cause an irreversible injustice to the petitioner and his family.

It was argued that a prisoner should not be ordinarily denied the opportunity to attend a significant family event merely because immediate relatives are accustomed to caring for the family.

Consequently, while imposing certain terms and conditions, the Court allowed the parole, directing the petitioner to surrender after the ceremony. 

Appearance: Sandeep Verma, Advocate for the petitioner

Jaiteshwar S. Bhandari, AAG, Puniab.

Citation: 2024 LiveLaw (PH) 49

Title: Nishan Singh v. State of Punjab & others

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