Supreme Court Dismisses SGPC's Plea Challenging Grant Of Paroles/Furloughs To Dera Sacha Sauda Chief Gurmeet Ram Rahim

The Supreme Court today dismissed a petition filed by Shiromani Gurudwara Prabandhak Committee alleging that Haryana government was misusing its powers under Section 11 of Haryana Good Conduct Prisoners (Temporary Release) Act, 2022 while granting parole/furlough to Dera Sacha Sauda chief Gurmeet Ram Rahim.

A bench of Justices BR Gavai and Prashant Kumar Mishra passed the order, taking into account an observation made by the Punjab & Haryana High Court in the impugned order that if any application for temporary release is filed by Ram Rahim, the same shall be decided by the competent authority as per the 2022 Act without any favoritism, arbitrariness or discrimination.

"Petition pertains to grant of furlough in 2023. We are in 2025. Apart from that, Mr. Rohatgi, ld. senior counsel, has raised a question with regard to even maintainability of PIL in respect of individual matter. In that view of the matter, we are not inclined to consider the present petition. It is further to be noted that the High Court, in para 6 of the order itself, observed that in case any application is made by respondent No.9 for temporary release, the same shall be considered strictly in accordance with the provisions of Act of 2022 without the competent authority indulging in arbitrariness or favoritism or discrimination," dictated Justice Gavai.

During the hearing, counsel for petitioner argued that parole is a privilege which can be granted only for compelling reasons. Yet, Ram Rahim, who has been convicted for rape twice as well as for murder, was granted parole and furlough every year between 2022-24 for maximum period provided under the 2022 Act ie 91 days (70 parole and 21 furlough). Referring to Section 11 of the 2022 Act, the counsel further urged that the provision bars grants of parole/furlough unless a convict is on bail in all cases pending against him, and emphasized on a High Court order which dismissed as withdrawn Ram Rahim's bail plea.

When the bench prodded the counsel on the delay in approaching the Court, insofar as the impugned furlough order was passed in 2023, he pointed out that Ram Rahim was granted temporary release even in January, 2025. He also claimed that no reason for grant of temporary release was recorded in the relevant warrants.

Senior Advocate Mukul Rohatgi (appearing for Ram Rahim), on the other hand, contested the maintainability of the petition while questioning the petitioner's motives behind targeting only Ram Rahim's parole/furlough in the garb of a public interest litigation before the High Court. "There are 100s of people on parole/furlough...PIL is only for him (Ram Rahim)...because there is political rivalry between this petitioner (and Ram Rahim)", exclaimed Rohatgi.

In response, Justice Mishra posed to the petitioner's counsel, "You are against one individual...you are not praying any relief which is general and common in nature....Your relief is confined to the 9th respondent (Ram Rahim) that he is being favored...what is the public interest? It is directed and targeted to an individual" To this, the counsel replied that the High Court called for records in other cases also and that Ram Rahim has 4 cases pending against him for desecration as well.

Ultimately, the bench dismissed the petition. Before it parted with the matter, the petitioner's counsel underlined that despite passing of the High Court order, where it was noted that the competent authority shall strictly consider grant of parole/furlough in terms of the 2022 Act, Ram Rahim was granted temporary release again in January, 2025 in violation of the High Court's observations. In this regard, Justice Gavai told the counsel, "You challenge that order...file a contempt petition before the High Court if they have committed contempt of the High Court order".

Briefly put, petitioner-SGPS, a statutory body constituted under the Sikh Gurudwaras Act, 1925, had approached the High Court with a PIL contending that the Haryana Government, while granting temporary release to Ram Rahim, was misusing its powers under Section 11 of the 2022 Act. It was contended that if the Dera Sacha Sauda chief, who is suffering multiple sentences (including that of life) for committing grave offences such as murder and rape, was released, it could jeopardize the sovereignty and integrity of India and adversely affect public order.

Case Title: SHIROMANI GURUDWARA PRABANDHAK COMMITTEE Versus STATE OF HARYANA AND ORS., Diary No. 7483-2025 

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