Parole | Humanist Approach Needs To Be Taken To Encourage Offenders To Demonstrate Commitment To Society: Delhi High Court

The Delhi High Court has observed that while granting parole, a humanist approach needs to be taken affording convicts an opportunity to resolve their personal and family issues and to encourage offenders to demonstrate a commitment in relation to the society.

Justice Anoop Kumar Mendiratta also added that that parole is a relief granted by the State which goes a long way for redemption and rehabilitation of such prisoners and that they are ultimately aimed for the good of the society and, therefore, are in public interest.

Further adding that parole is normally granted in certain conditions and is governed by the guidelines framed, the Court said:

"It is pertinent to note that the most important ground on which the parole is granted is to maintain family and social ties so that the convict is able to maintain his family and social contacts. As such, a humanist approach needs to be taken affording such convicts an opportunity to resolve their personal and family issues and to encourage offenders to demonstrate a commitment in relation to the society."

Also Read: Parole A Progressive Measure Of Correctional Services, Enables Convict To Re-Establish Social Ties, Motivates To Maintain Discipline: Delhi HC

The Court was dealing with a plea seeking directions on the State to release the petitioner on parole for a period of three months. The petitioner was a life convict serving sentence in a murder case.

The petitioner had undergone incarceration for about 10 years and 10 months in actual without remission and had also earned remission of about 01 year 07 months and 11 days as on May 5, 2020.

"The need for a balance to be maintained between two competing interests while granting parole or furlough, of reforming the convict on one hand and the public purpose and the interests of society on the other has been noticed by Supreme Court in Asfaq v. State of Rajasthan, (2017) 15 SCC 55," the Court noted.

The Court referred to Rule 1210 Sub rule (II) Delhi Prison Rules 2018 which provides that the conduct of a prisoner who has been awarded with major punishment for a prison offence should have been uniformly good for the last two years from the date of application of parole and the conduct of the prisoner who has been awarded with a minor punishment or no punishment for any prison offence should have been uniformly good for last one year from the date of application.

"In the present case, admittedly, there has been no adverse report against the petitioner for a period of last more than 03 years. Jail punishment was last inflicted to the petitioner about 03 years back on 25.04.2019. The police verification report dated 12.08.2021 received from the office of the SP, Shahjanpur, UP is also unable to bring anything adverse against the petitioner," the Court noted.

The Court thus said that the petitioner deserved indulgence of parole to maintain family and social ties. Accordingly, the petitioner was admitted to parole for a period of four weeks on furnishing personal bond in the sum of Rs.25,000 with one surety in the like amount to the satisfaction of the Jail Superintendent.

Case Title: SHADAB v. STATE

Citation: 2022 LiveLaw (Del) 383

Click Here To Read Order