Reconsider Rape Convict Asaram's Plea For 20-Day Parole Under 1958 Rules: Rajasthan High Court Directs Committee

The Rajasthan High Court on Monday directed the District Parole Advisory Committee, Jodhpur to reconsider the application filed by self-styled godman and rape convict Asaram seeking 20-day parole under the Rajasthan Prisoners Release on Parole Rules, 1958.

The bench of Justice Vijay Bishnoi and Justice Yogendra Kumar Purohit directed thus while setting aside the committee's order rejecting his application as per the provisions of the Rajasthan Prisoners Release on Parole Rules, 2021.

The bench was essentially dealing with the writ plea filed by Asaram challenging the rejection of his application.

Before the HC, the Counsels appearing for Asaram contended that he was convicted and sentenced by the trial court on April 2018 under Sections 370(4), 342, 506, Section 376(2)(D)(F) IPC read with Section 23 of the Juvenile Justice Act, 2000.

In contrast, the Rules of 2021 came into effect on June 30, 2021, and, as such, his application for parole was liable to be considered under the 1958 Parole Rules and not as per the provisions of the Rules of 2021.

On the other hand, the AAG, though opposed his writ petition, however, he could not dispute the position that Asaram's application for releasing him on 20 days’ parole is liable to be considered as per the provisions of the Rules of 1958 as laid down by the Hon’ble Supreme Court in Hitesh @ Bavko Shivshankar Dave Vs. State of Gujarat 2023 LiveLaw (SC) 72.

It may be noted that in Hitesh's (supra) case, the Apex Court had held that "in determining the entitlement of a convict for premature release, the policy of the State Government on the date of the conviction would have to be the determinative factor. However, if the policy which was prevalent on the date of the conviction is subsequently liberalised to provide more beneficial terms, those should also be borne in mind."

With this, allowing his writ plea, the Court directed the respondents to consider Asaram's application for releasing him on 20 days’ parole afresh in accordance with the provisions of the Rules of 1958, instead of the provisions of the Rules of 2021, within a period of six weeks.

Case title - Asha Ram vs. State Of Rajasthan and others [D.B. Criminal Writ Petition No. 613/2023]

Citation: 2023 LiveLaw (Raj) 66

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