'Sensitivity And Law Must Be Balanced; One Is Dealing With Humans, Not Mere Files': Delhi High Court While Granting Parole To Murder Convict

"Sensitivity and compassion balanced with rules, regulations and law needs to be maintained by any Court as one is dealing with humans and not mere files and orders," the Delhi High Court has observed while granting parole of 45 days to a murder convict.

Justice Swarana Kanta Sharma granted relief to Kundan Singh, who is serving life sentence in the Tihar Jail. Singh, who is a native of Uttarakhand, was convicted in January 2014 for murdering his friend Vipin Kumar, whose head, hands and legs below the knee had been chopped off and thrown away in a jungle near Lado Sarai bus stand in August 2007. The high court in 2015 upheld Singh's conviction. The Supreme Court also dismissed his SLP in July 2019.

"The petitioner has been in custody for more than 14 years. It is also not disputed that it will be 06 months since he was granted emergency parole on 02.11.2022. While considering grant of parole, the court also has to remain conscious of the fact that the petitioner has been awarded life imprisonment and circumstances have arisen in the last 14 years which he needs to attend to family exigencies," said the court.

The convict's application seeking parole for two months was rejected on July 27 by Delhi government's home department after the Superintendent, Central Jail did not recommend grant of parole to him in view of his conduct in the jail during the last one year. Singh had applied for parole to "complete the partition of undivided ancestral property" of his joint Hindu family and to arrange funds for his "family needs".

Contending that the grounds on which the parole was denied to him are erroneous, the counsel representing the convict submitted the reasons mentioned for rejecting his application was that he had not completed two years since his last punishment in jail was awarded on January 5, 2022.

The counsel argued that the matter is pending inquiry before the concerned District and Sessions Judge and that Singh has already been punished for the same by the jail authorities. The court was also told that he has been granted parole seven times in the past, including an emergency parole between April 23 and May 02 on account of his mother's barsi.

On the other hand, the APP for the State submitted that the parole was declined by the concerned authority since the convict's jail conduct was unsatisfactory and multiple punishments were awarded to him for breach of the Rules.

Referring to the nominal role, the State submitted that the convict was awarded punishments for prison offences on 17 occasions between 2013 and January 2022.

The court in the order said that the convict has not been involved in any offence involving violence in the last two years, and the last two jail punishments are a matter of inquiry before the District & Sessions Judge.

"...therefore, it is yet not clear whether they will be found to be liable for major punishment or not. It is also clear from the nominal roll that the petitioner was awarded punishment as was deemed appropriate by the jail authorities for the breach of Prison Rules which are clearly mentioned in the nominal roll. It is not disputed that the petitioner was granted parole on 07 occasions including one emergency parole and he had not misused the liberty of parole granted to him."

The court said it was inclined to grant him conditional parole for a period of 45 days, considering that he has spent "14 long years in jail" and has been granted parole seven times in the past. It also noted that he lost his mother while he was in judicial custody and now, after her death, "such exigences" have arisen which he needs to attend to".

Granting him parole, the court directed the convict to furnish a personal bond of Rs 25,000 before the Jail Superintendent. The court also referred to a pending FIR and asked the petitioner to not indulge in any act that would prejudice the proceedings in that matter.

Ordering him to not leave Nainital during the period of parole, the court said, "The petitioner will report on every Wednesday to the SHO PS : Kathgodam, District Nainital, Uttarakhand between 11 am and 11:30 am for marking his appearance. However the petitioner will not be kept waiting for longer than one hour at the police station during such visits''

Title: KUNDAN SINGH v. THE STATE (GOVT. OF NCT) DELHI

Citation: 2022 LiveLaw (Del) 1064

Click Here To Read Order