"Inform All Eligible Prisoners Of Their Right To Be Considered For Parole": Rajasthan High Court Directs Jail Superintendents Across State

The Bench of Justice Sandeep Mehta and Justice Manoj Kumar Garg issued this direction after noting that a convict petitioner was granted first parole after serving imprisonment of 14 years even when Rule 10 of the Rajasthan Prisoners Release on Parole Rules, 2021 states that every prisoner, who has served a particular part of his sentence (with the maximum being 5 years for life convicts) earns a right to be considered for release on parole.

"We have come across numerous cases wherein, the convicts languishing in jails for prolonged periods unable to avail the facility of parole because of poverty/ illiteracy and other trivial thereby, frustrating the spirit of the welfare legislation i.e. the Rules of 2021 (previously Rules of 1958)," noted the Court.

Importantly, the Court also directed the Member Secretary, Rajasthan State Legal Services Authority in coordination with the Director General of Prison, State of Rajasthan to get prepared a computerized database of convicts lodged in the prisons all over the State of Rajasthan which may include the broad details regarding:

• Date of the arrest of the convict;
• Sentence served by him/her;
• Jail punishment, if any;
• Period of absconding, if any;
• Paroles granted if any.

The Court has directed that a compliance report be submitted for the Court's perusal on September 14, 2021.

The Court has also directed that for setting up of a prominent signboard at the entries of all Central Jails in the State of Rajasthan displaying in Hindi the gist of Rule 10 of the Rajasthan Prisoners Release on Parole Rules, 2021.

Lastly, considering the fact that the convict petitioner before the Court had served 14 years imprisonment and was at the Open Air Camp, the Court deemed it fit to grant him parole for a period of 40 days upon furnishing a personal bond in the sum of Rs.1,00,000/- only to the satisfaction of the Superintendent, District Jail, Barmer.

The Court has asked him to submit an undertaking to the Superintendent, District Jail, Barmer that he shall keep peace and good behaviour during the period of parole and shall not try to abscond failing which, his future opportunities of getting parole/ permanent parole/ staying in the Open-Air Camp shall stand forfeited/ curtailed.

The convict petitioner has also directed him to mark the attendance at the concerned police station on every 10th day during the period of parole.

Case title – Rakesh v. State, Through Secretary, Home Department and others

Click Here To Download Order