Convicts Too Must Breathe Fresh Air For At Least Some Time Provided They Maintain Good Conduct: HP High Court On Parole

In allowing a plea seeking parole Justices Tarlok Singh Chauhan and Bipin Chander Negi observed,

“Convicts too must breathe fresh air for at least some time provided they maintain good conduct consistently during incarceration and show a tendency to reform themselves and become good citizens. Thus, redemption and rehabilitation of such prisoners for the good of societies must receive due weightage while they are undergoing a sentence of imprisonment”.

The case was brought before the High Court by Sewak Ram,  who sought a writ of mandamus directing the concerned authorities to release him on parole for 28 days. The petitioner invoked the Himachal Pradesh Good Conduct Prisoners (Temporary Release) Act, 1968, and its rules to support his plea.

The respondents, represented by Mr. I. N. Mehta and Mr. Y. W. Chauhan, Senior Additional Advocates General, opposed the petitioner's claim. The primary grounds of opposition included alleged discrepancies in the petitioner's documentation related to a 'shradh ceremony' date and the absence of a recommendation from the Gram Panchayat. Additionally, the respondents highlighted the petitioner's conviction for a heinous crime.

Upon meticulously examining the material on record the court noted that discrepancies in the petitioner's documentation did not elicit adverse reports from the Panchayat or the complainant. The Court further asserted that the mere conviction for a serious crime should not automatically categorize an individual as a "hardened criminal."

Quoting extensively from the Hon'ble Supreme Court's decision in Asfaq vs. State of Rajasthan (2017) 15 SCC 55, the court underscored the importance of parole as an opportunity for prisoners to maintain family ties, reform themselves, and eventually become law-abiding citizens.

Spotlighting the reformative theory of punishment the bench recorded,

“When we recognise reformation as one of the objectives, it justifies letting of even the life convicts for short periods, on parole, in order to afford opportunities to such convicts not only to solve their personal and family problems but also to maintain their links with the society”.

It added,

“These gestures on the part of the State, along with other measures, go a long way for redemption and rehabilitation of such prisoners. They are ultimately aimed for the good of the society and, therefore, are in the public interest”.

Consequently, the respondents were directed to release the petitioner on parole for 28 days, subject to his furnishing personal bond of Rs. 2,00,000/- with two local sureties of the like amount, to the satisfaction of the Superintendent, Model Central Jail Shimla.

Case Title: Sewak Ram @ Sanjeev Vs State of H. P. & Ors.

Citation: 2023 LiveLaw (HP)

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