Sufficient Material & Solid Reasons Required For Declining Parole: Punjab & Haryana High Court
The Punjab and Haryana High Court while allowing a criminal writ petition challenging refusal of parole to the petitioner-convict has held that release on parole is part of the reformative process. The bench comprising Justice G. S. Sandhawalia and Justice Vikas Suri further added that provisions of Punjab Good Conduct Prisoners' (Temporary Release) Act, 1962 are a reformative...
The Punjab and Haryana High Court while allowing a criminal writ petition challenging refusal of parole to the petitioner-convict has held that release on parole is part of the reformative process.
The bench comprising Justice G. S. Sandhawalia and Justice Vikas Suri further added that provisions of Punjab Good Conduct Prisoners' (Temporary Release) Act, 1962 are a reformative measure for prisoner to have family association or to perform family obligations and rituals and sufficient material should be available along with solid reasons for declining temporary release on parole.
The Court relied on the judgement of Arun Kumar vs. State of U.T., Chandigarh and others, 2011 (2) AICLR 361 wherein it was held that release of convict on parole is a way of reformative process and Ram Chander vs. State of Punjab and others, 2017 (3) RCR (Crl.) 340, wherein it was held that in the absence of any material, denial of parole would be unjustified.
In the instant case, the Petitioner was convicted in March 2020 under Sections 302, 120-B and 201 IPC and has been in custody after the lodging of the FIR since April 2018. He sought 6 weeks parole to take care of his old and ailing parents. However, the concerned Additional Deputy Commissioner refused permission.
Keeping in view the settled principles of law and the fact that the petitioner has been in custody for over 4 years, the court held that the rejection cannot be justified in any manner.
"The 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."
Accordingly, the court allowed the petitioner to be released on parole.
Case Title: Mahammad Shehbaz VERSUS State of Punjab and others
Citation: 2022 LiveLaw (PH) 187