Supreme Court Stays HC Order Granting Parole To POCSO Convict To Beget A Child With Wife

A bench comprising Justices A. S. Bopanna and P. S. Narasimha issued notice on the plea filed by the State of Rajasthan where the State has submitted that grant of parole is not a matter of fundamental right.

The State of Rajasthan has approached the top court assailing the order of the High Court where the High Court had relied on the judgment of Nand Lal vs State of Rajasthan and had allowed the convict parole for 15 days on furnishing a personal bond on the sum of Rs. 2 lakh along with two surety bonds of Rs. 1 lakh each. 

Senior Advocate Manish Singhvi, appearing for the State, challenged the order on the ground that the High Court had failed to consider that the Respondent was convicted for a serious crime under Indian Penal Code and POCSO Act. It was also pointed out that the High Court failed to consider that the case of parole does not fall within the purview of Parole Rules of 2021. It was further pointed out that the top court had clearly stated that they had reservations on some of the observations in the final judgment passed in Nand Lal v State of Rajasthan.

The petition also stated that the High Court failed to consider the report of the Superintendent of Police and that the High Court granted parole solely on the ground of extraneous factors of religious philosophies, cultural, sociological, and humanitarian aspects, and in complete contravention of law. It was also pointed that in various cases the Supreme Court itself has held that there is no fundamental right to either parole/furlough or remission.

The High Court had in October granted 15 days parole to a convict on the plea filed by the wife who was desirous of retaining/maintaining her marriage with the convict and preserving her lineage. The bench of Justice Sandeep Mehta and Justice Sameer Jain took into account the young age of the convict-petitioner and ordered to release him on parole.

The division bench of the High Court had relied upon the case of Nand Lal vs State of Rajasthan wherein this very issue was involved and the Court's division bench had held the right or wish to have progeny would be available for a prisoner.

Case Title : The State of Rajasthan and Ors. vs Rahul - SLP(Crl) No. 10988/2022