Parole Should Not Be Rejected Mechanically On Grounds Of 'Threat To State Security': High Court To DGP Punjab

The Punjab and Haryana High Court today asked the Director General of Police (DGP) of Punjab to ensure that parole is not denied to the prisoners in a mechanical manner on the ground of "maintenance of public order and threat to the security of the state."

These observations were made while hearing a parole plea of a murder convict, who was sentenced to life imprisonment in 2023. The parole of the convicts was rejected by the District Magistrate on the basis of report submitted by Senior Superintendent of Police (SSP) which stated that granting of parole will impact on the maintenance of public order.

A bench of Justice Anupinder Singh Grewal and Justice Lapita Banerji during the hearing said, "this is not the one case, cases of parole are rejected in Punjab by passing mechanical orders on the ground of maintenance of public order and state security...We have to release prisoners for reformation so that when they are released they are a reformed person."

Justice Grewal questioned DGP, Punjab Gaurav Yadav "how releasing of one prisoner is going to impact state security...if the state security is so fragile, we will have to make comment on it."

The Court also asked the DGP to, "please issue necessary instructions so that it's not repeated again otherwise you (DGP, Punjab) will have to consistently appear in Court."

The DGP Punjab, appearing through VC today submitted that necessary instructions have been issued so that the parole orders are passed with due "application of mind" and in a "uniform manner".

The Court was hearing a criminal writ petition under Article 226 of the constitution, for issuance of a writ in the nature of Certiorari for allegedly passing of illegal rejection order under Punjab Good Conduct Prisoners Temporary Release Act, 1962. Surinder Singh was convicted for committing murder, provisions of Arms Act and sentenced to life imprisonment.

It was submitted that Singh was in custody from last 4 years and 9 months. The application for 8 weeks of parole was filed by him for meeting his family members but the same was rejected by the District Magistrate, Hoshiarpur on the basis of report sent by the SSP.

During the hearing today, the Court asked the DGP, "how is the person threat to society when there is no other case registered against him."

Considering that the state counsel sought time to file reply, the Court deferred the matter to July 23.

Samanpreet Kaur advocate, appeared for the petitioner.

Title: Surinder Singh v. State of Punjab & Ors.