Parole: India
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Contents |
What is Parole? A summary
What does Parole mean for a prisoner in India? What are the valid grounds for Parole in India?
Parole is a legal sanction that lets a prisoner leave the prison for a short duration, on the condition that s/he behaves appropriately after release and reports back to the prison on termination of the parole period.While parole is granted to a prisoner detained for any offence irrespective of the duration of imprisonment.
Under Indian jail laws, a prisoner may be released on parole in certain emergency situations, which includes the following health-related concerns:
1.Complete and incurable blindness.
2.Advanced pulmonary tuberculosis, which incapacitates the prisoner from committing further crimes of the nature for which s/he was sentenced.
3.If he is dangerously ill, and is likely to have a better recovery outside prison.
4.If he has become mentally unstable and requires treatment in an asylum.
Additionally, a prisoner in India may be granted parole in the following exceptional cases:
1.To perform funeral rites.
2.To visit a sick or dying member of the family.
3.To attend important functions, such as marriage of son, daughter, brother or sister.
4.To construct a house or repair a badly damaged house.
The Judicial Stand and Critical Issues
International Journal of Innovative Research and Development, August 2015 Issues www.ijird.com August , 2015 Vol 4 Issue 9
Indian Parole System - A Review of Judicial Stand and Critical Issues
By NSSR Murthy Professor , Mumtaz College of Eng ineering & Technology, Malakpet, Hyderab ad , India, and
Dr . MSV Srinivas Professor , Mahatma Gandhi Law College Hyderabad , India
www.ijird.com
Abstract:
Parole is reforming process for prisoners to help them to come into the mainstream of life. It is an instrument for social rehabilitation of the prisoner The present paper r eviews the concept of parole and Indian parole system. Judicial stand on parole and various court decisions. It also discusses Steps to prevent misuse of parole and balancing socia l security and human righ ts through parole is elaborated.
1. Introduction Parole is a major correctional process in jail reforms. It is a part of consideration granted to the prisoners to help them t o come back into the mainstream of life. It is a tool for social rehabilitation of the prisoner. In recent times, the concept of par ole been utilized by the highly influential class to escape the prison sentence. Thus, we have so many examples who are e njoying free life, even a fter commi tting inhuman offences and conviction. There are lakhs of other prisoners, uninfluential, and do not have means to utilize th e process, or refused the benefit on simple grounds. The present article is to review the concept of p arole, its objectives, pr oced ures in the legal system and critical issues in parole.
1.1. Parole Parole[1] is the conditional release of an offender who has already served a portion of his sentence in a correctional instit ution. While on parole, the released prisoner remains in the c ustody and under the supervision of the paroling authority. The period of parole may be as long as the time the prisoner would otherwise have served in the institution or it may be term inated earlier. At any po int during this period, parole may be revoked for a violation of parole regulations and the violator must return to the institution to serve the remainder of his sentence in confinement. Walter Croflon advocated reform of the individual as a pur pose of imprisonment and moreover urged that "Tickets of leave" be given to those who showed a change in attitude. Thus, what is now called parole was from its start to the concepts of offender reformation and indeterminacy in sentencing. Parole ideally in cludes treatment in the f orm of supervision, guidance and assistance. It has been rightly held that all released prisoners can benefit from the guidance of pa role officers, but the benefit that society itself would derive if all prisoners were kept under close su rveillance during the per iod of adjustment immedia tely following incarceration, is also considerable. A prisoner who has spent a decade inside has los t touch with the everyday world of transport, shopping and renting, but has gained a set of different everyday living skills relevant to priso n life that ne eds to be unlearned [2]. Parole gives a chance of reformation to the prisoner. It can have a positiv e impact towards changing the prisoner’s attitude to what they have done and make them come to accept that their behavior was wron g [3]
1.2. Objectives of Parole Parole had its root in the Positivist School. The word ‘Parole’ comes from the French word “ je donne ma parole ” meaning ‘I give my word’, while the dictionary definition is ‘word of honour. The term ‘parole’ was first coined in a c orrectional contex t in 1847 by Samvel G. Howe, a Boston penal reformer. The Classical School of thought opined that people are free to choose their own conduct. While committing any crime, an offender always calculates his gain, his pleasure, at the cost of oth er’s pain. So he must be punished. But the Positivist school argued that it is the circumstance which forces anybody to commit crime. S o he must be rehabilitate d. From there the thought of parole arose. It provides a second chance to the prisoner to rehabilitate himse l f. The offender might have committed an offence, but it is not desirable that he always be labeled and must not be given any ch ance to rehabilitate hims elf. Its objectives are twofold: the rehabilitation of the offender and the protection of society. It is a means of helping the inmate to become a law - abiding citizen, while at the same time ensuring that he does not misbehave or return to crime. The paroling function may be important as a "safety valve" to help control the levels of prison populations in re lation to capacities and thus to avert the dangers and costs of over - crowding. Parole is a correctional method to bring about the reformation in the characteristics of s uch persons. If the delinquent proves, he can mend his ways and shall refrain from such criminal activities which are detrimental to community and if he shows an overall improvement in his character and conduct, the purpose of this correctional method i s fulfilled.
1.3. Parole in India
Selection and Supervision of Offenders Paroled In Ind ia, the grant of Parole is largely governed by the rules made under the Prison Act, 1894 and Prisone r Act, 1900. Each of the States has its own parole rules, which have minor variations with each other . There are two types o f parole - custody and regular.
The custody parole is granted in emergency circumstances like death in the family, serious illness or ma rriage in the family Regu lar Parole is allowed for a maximum period of one month, except in special circumstances, to convicts who have served at least one year in prison. It is granted on certain grounds [4] such as:
Serious Illness of a family member
Accident or Death of a family member
Marriage of a member of the family
Delivery of Child by wife of the convict
Maintain family or social ties
Serious damage to life or property of the family of convict by natural calamities
Pursue filing of a Special Leave Petition.
Certain categories of convicts are of convicts are not eligible for being released on parole like pr isoners involved in offen ces against the S tate, or threats to national security, non - citizens of India etc. People convicted of murder and rape of children or multiple murders etc. are also exempted except at the discretion of the granting authority. Selection for parole is b ased on two separate c onsiderations.
First one, more or less arbitrary because it is usually fixed by statute.
The second entirely discre tionary involving a decis ion and a calculated risk by the parole board.
The First consideration is the offender's parole eligibility, t he sec ond his suitability for parole. To these considerations which are explicit, there may be added others which are no less decisive becaus e they are less tangible. Parole cannot be granted to every type of offender. The purpose of parole is to bring about a change in the behavior of the person sentenced and also at extraordinary circumstances such as serious illness or death of near relatives , death of the kith and k in and so forth. The offender paroled has to be kept under close surveillance by the police so that he does not relapse into the commission of crime. Even though the paroled offender is not in physical confinement, for all practical purposes h e is a person sentenced a nd every of his movement of him has to be closely monitored so that his associatio ns and his activities which perpetrate crime can be mitigated.
1.4. Parole Regulations
1) The paroled person should hold the permit always and should produce on being tendered by any poli ce officer or magistrate or any other competent authority.
2) He sha ll not associate with notorious bad characters, ruffians and anti - social elements.
3) He shall not indulge in coercing any of the witnesses or complainant to adduce evidence in his fa vor.
4) He shall report any charge in the address or his movement and lea ving the locality or jurisdiction which is specifically prescribed in his behalf.
5) He shall also obey all laws and public ordinances.
6) He shall not indulge in alcoholism, intoxicating beverages and narcotics.
1.5. Judicial Position on Parole In the v iew of Indian judicial system, parole is claimed to be a success in rehabilitation and checking crim e attitude. Parole has been defined by Hon. Court as “a conditional release of a prisoner, generally under super vision of a parole office r, who has served p art of the term for which he was sentenced to prison”. Parole relates to executive action taken afte r the door has been close d on a convict. [ Mohinder Sing vs state of Haryana, 2000 ] During parole period there is no suspension of sentence but the sentence is actually continuing to run during that period also.”[sunil fulchandshah vs Union of india ,2001] Hon. court remarked that “It is not out of place to mention that if the State takes up a flexible at titude it may be possible to permit long spells of paro le, under controlled conditions, so that fear that the full freedom if bailed out, might be abused m ay be eliminated by this experimental measure, punctuated by reversion to prison. Unremitting insulation in the harsh and har dened company of prisoner s lead s to many unmentionable vices that humanizing interludes of parole are part of the compassionate con stitutionalism of our system” [ Babu Singh and Ors . v State of U.P] The Court opined that persons kept incarcerated and embittered without trial should be given some chance to reform themselves by reasonable recourse to the parole powe, calculated risks, by release for short periods may, perhaps, be a social gain, the beneficent jurisdiction being wisely exercised. [ Babulal Das v The State of West Bengal ] In Inder Singh v The State of Delhi Administration the Court has emphasized on the need for liberal use of parole even in the case of heinous crimes.
1.5.1. Critical Issues
Two significant issues arise in case of Parole in contemporary India - one, the refusal of grant of parole on insufficient grounds and second, the misuse of parole.
Misuse of Parole:
concept of parole has been emphasized by the Judiciary and penologists to reduce the problems of pri son life, whether parole really serves a purpose or provides a way to escape becomes a significant question. Misuse is clearly evident in the following cases. In Sidharth Vashisht @ Manu Sharma v The State of N.C.T. of Delhi case, Manu Sharma , a murderer, asked for parole on three grounds: to attend relig ious rites for his late grandmother, to tend to his ageing mother and, to take care of the family’s business interest. He misused parole and returned to Jail only after he was traced to a Delhi pub enjoying hi s night life with friends , drinks and dance. I n Bibi Mohanty case. The convict, the son of a DGP, Orissa, was sentenced for rape of a German national. He was sen tenced to seven years rigorous imprisonment along with fine. He was granted fifteen days parole to visit his ailing mother.. He escaped and h is father pleaded ignorance about his whereabouts. A significant period of seven years elapsed, The police cau ght him him from Kerala T he convict changed his identity. His father refused to accept that the person arrested was his son. A c ourt has recently ordered the DNA test to establish his identity . Parole also provides a dangerous opportunity to a criminal to engage in criminal activities while on parole. As in Saibanna v State of Karnataka case and in the case of Krishan v State of Haryana.
1.6. Refus al of Parole
Release on parole is a wing of the reformative process and is expected to provide opportunity to the prisoner to transform himself into a useful citizen. Parole is a grant of partial liberty of lessening of restrictions to a convict pri soner. . The Code of Criminal Procedure does not contain any provision for grant of parole. By administrative instructions, rules have been framed in various States, regulating the grant of parole. Parole Rules or administrative instructions, framed by the Govern ment are purely administrative in character and for securing release on parole, a convict has, to approach the Government concerned or the jail auth orities. In most cases, t he executive acts in a mere mechanical manner, without application of mind and appr eciation of facts. They reject parole on grounds like breach of peace or the possibility of the prisoner committing a crime during the parole period, .
The criteria for probable refusal of parole, laid down by Delhi High Court are as follows:
i) A reasona ble apprehension, based upon material available with the Government that the petitioner, if released on bail may not return back to Jail to undergo the remaining portion of the sentence awarded to him;
ii) A serious apprehension of breach of law and order or commission of another offence by the petitioner if he comes out on parole;
iii) Past conduct of the petitioner such as jumping the bail or parole granted earlier to him;
iv) A reasonable possibility of the petitioner trying to intimidate or harm those w ho have deposed against him or their relatives. The Court emphasized that it is neither possible nor desirable to exhaustively lay down all such gro unds as would justify den ial of parole in a particular case. Each case has to be examined by the Government dispassionately and with an open mind,
1.7. Parole Grant- Balance of Human Rights and Social Security
The grant of parole is not a matter of right, but a concession granted to the prisoner. The grant is regulated by rules laid down in each state and is a part of executive discretion. Such discretion cannot be exercised arbitrarily or capriciously. The g rant of parole should be based on twin considerations - human rights and social security. It is important to ensure that the convict is not deprived of his r ights as a human being. The imposition of sentence, in itself, impairs the exercise of basic rights granted u nder the Constitution. Th e liberties and freedoms remain curtailed during the term of sentence. But that should not take away the fundame ntal human e considerations of life.
The issue of social security is also of concern where the release should not, affect the safety of t he community or victims a nd ensure that the released convict does not use parole to escape from law or commit further offences. A fine balance achieved between security and human right. A significant role has to be to played by state and jail authorities in this regard
They should understand the offender’s social history. The grounds on which parole to be granted have to be properly examined. The grant of parole should be based on considerations such as:
Nature of Offence and circumstances related thereto;
Time spent in prison;
Conduct of the convict; Previous antecedents, if any;
Possibility of engaging in illegal activities, committing crimes, during the period;
Possibility of seeking vengeance, causing harassment, in specific categories of crimes;
Impact of release on society;
It is important that the State must take fair, reasonable and unbiased decision for grant of parole
Conclusions
Freedom and liberty of conscience should be the concept of parole and establish societal love and ac ceptance. Inconsistent or ders based on irrelevant grounds, False police reports, misuse of power and position should ber avoided i n parole. . It is important to review the existing system and procedures of Parole and give serious consideration so that the deserved sho uld not be rejected.
References
i. History of Parole System, www.wikipedia.org
ii. JaytilakGuha Roy, Prisons and Society: A Study o f the Indian Jail System (Gian Publishing House Delhi 1989)
iii. J. C. Chaturvedi, Penology and Correctional Administration (Isha Books New Delhi 2006).
iv. All India Jail manual
v. Indian Kanoon.com for relevant court decisions
vi. Vidya bhushan, Prision Administration in india
vii. Justice Mulla committee report on jail reforms1988
viii. AP puranik, Rights of prisoner’s in jails, 1992
ix. Helen Leland Witmer, History, Theory and Results of Parole, The 18 Am. Inst. Crim. L. & Criminology (1927 - 1928)
x. Cass, E. R. Study of Parole Laws an d Methods, Prison Association of New York, 1921,
xi. Eichorn, W. H., Methods and Results of Parole, Journal of Criminal Law and Criminology,vol 11 page 3 68.
Parole for...
Harvesting crops/ Punjab
The Times of India, Aug 07 2016
Rohan Dua
In what could trigger a political storm ahead of the 2017 assembly elections in Punjab, prisoners serving life imprisonment or rigorous jail terms in the state will now get parole for reasons as wide-ranging as wanting to harvest standing crop or constructing a new house. It will be equally easy to secure temporary release even if an in-law of the prisoner is seriously ill.
That's not all. The Punjab government, in a recent cabinet proposal, has also doubled the maximum time that can be spent on parole -from 42 to 84 days. That's a good 12 weeks of freedom in a calendar year.
“This will lead to the release of many hardcore convicts at a time when criminal gangs are openly operating and killing each other in Punjab,“ said Charanjit Channi, leader of the Congress legislative party in the Punjab assembly . “This is not a good move ahead of the elections.“ The ruling SAD-BJP government has proposed to amend the Punjab Good Conduct Prisoners (Temporary Release) Act, 1962 for the second time in eight months.The first amendment was quietly brought in last December and notified on January 7. According to the first amendment, the pris oner could be released if a member of the family had died or was ill. In the same amendment, the government had also changed the definition of “hardcore prisoner“, saying it would include those prisoners who have been convicted of rape and murder or sexual offences against minors.
The fresh clauses proposed are “if husband or wife posed are “if husband or wife or son or daughter, sister, brother, grandmother, grandson or father-in-law or mother in-law of prisoner is seriously ill“, he will get parole. The proposal adds that temporary release can be prescribed even if “it is necessary for ploughing, sowing or harvesting or carrying allied activities and no friend of the prisoner is prepared to help him in this behalf on his absence“.
If these conditions are not met, the proposal also includes vague reasons like damage to life or poor health of “any member of the family“. “Serious damage to life or property of the member of the family caused by any natural calamity or critical condition of any member of the family on account of accident and delivery of child by the wife of prisoner be included in the list,“ the proposal says. The government will table this amendment in the next assembly session where Akali Dal has majority .
Procreation
August 2, 2022: The Times of India
Jaipur: The Supreme Court refused to quash the Rajasthan HC’s order granting afortnight’s parole to a convict serving a life term, based on his wife’s plea to allow her the opportunity to try and conceive.
The bench of Justice Sanjiv Khanna and Justice Bela M Trivedi said that if any other convict were to be granted furlough on the same premise and the state government had any objection to this, it could approach the HC. TNN
Principles guiding grant of parole
Nature of convict, not crime, will determine parole
The Supreme Court has ruled that a convict's nature and not the nature of his crime was the determining factor for grant of parole, which formed part of the reformative scheme to help convicts maintain links with family and society to re-enter a normal life after the jail term.
Though it denied parole to 1993 serial train bomb blasts case convict Asfaq, the SC examined the Central Parole Rules, 1955, and said the 62-yearold provisions were archaic and sketchy and needed thorough recasting. It suggested utilising modern research in criminology , which provided methods to study the nature of convicts and their possibility of committing crime during short-term release under parole or furlough.
Parole can be granted many times to a convict undergoing short-term imprisonment and each parole period may extend up to one month. On the other hand, furloughs are for a maximum period of 14 days granted a limited number of times to a convict facing long-jail term.
A bench of Justices A K Sikri and Ashok Bhushan said on Monday , “Convicts too must breathe fresh air for at least some time provided they maintain good conduct consistently...“ At the same time, the court said public interest should be an important consideration for authorities in deciding whether a convict deserved parole or furlough.
Parole period not part of sentence served: Delhi manual
From: AlokKN Mishra, For city prisoners, parole period will not be considered part of sentence served, October 30, 2018: The Times of India
Convicts in Delhi will no longer be able to use parole to make their stay in jail shorter than that required by law. The city government has updated the Delhi jail manual, making the parole period to be not counted as part of the sentence served from November 1.
Till now, the time spent outside prison on parole was considered part of the sentence period, and many prisoners who got parole — especially the moneyed and the influential — enjoyed portions of their sentence period in relative freedom.
“Some influential prisoners have been misusing this provision by engaging the best of the lawyers and getting permissions for a high number of paroles. While ordinary prisoners come out once in a year or sometimes not even that, influential inmates get parole multiple times in a year,” said Delhi government standing counsel Rahul Mehra. The new jail manual will streamline the process and check such misuse,” Mehra said.
Under the new jail manual, prisoners will also be given beds, hygiene kits as soon as they enter the prison and a separate jail will be dedicated to the first-time offenders so that they do not come under the influence of hard-core criminals.
NEW PRISON RULES
Special food for lactating, pregnant prisoners
Besides, special nutritional foods will be provided to lactating mothers, pregnant prisoners and children under six years of age.
From November 1, each day spent by an inmate outside the jail will see a corresponding day added to the time to be spent in prison before release. A source said that some high-profile prisoners, who have been sentenced to life in Tihar, have used parole and furloughs to remain outside jail for months in a year. Paroles are usually of one month, but in some cases, these can exceed two months.
A convict is allowed two kinds of leaves — paroles and furlough. Conditional to good conduct in jail, convicts can avail of the latter for attending family functions, funerals, etc.
A convict is generally allowed two paroles and three furloughs in a year. Furloughs are given in three spells. The first furlough of the year is for three weeks, the second and the third furloughs are for two weeks each.
Furloughs will continue to be counted as part of the sentence under the new jail manual as in the past.
The updated jail manual, notified in the second week of October, will serve as the guiding code for jails and will regulate lives of prisoners – both undertrial and convicts.
With a focus on hygiene and food, rights of prisoners, modernisation and prison computerisation, provisions for children of women prisoners, prisoners’ reforms, access to free legal services — some of which are already being enjoyed by the prisoners in Delhi – the Delhi Jail Manual runs into 515 pages divided into 36 chapters. Earlier the jails were guided by Delhi Prisons Rules 1988.
Parole time not to be counted in jail term: SC
Dhananjay Mahapatra, January 7, 2023: The Times of India
NEW DELHI: In an important judgment, the Supreme Court has ruled that the number of days a lifer goes out of prison on parole cannot be counted as incarceration period and that he/she has to spend 14 years in jail, discounting parole period, to be eligible for remission of sentence and early release. Or else, Justice M R Shah said, “any prisoner who may be influential may get the parole for a number of times as there is no restriction in granting it….”
A bench of Justices Shah and C T Ravikumar dismissed pleas of four lifers who had challenged the Goa government’s decision to discount the parole period from the number of years they are in prison.
The trial court had opined, like in Bilkis Bano gang-rape and multi-murder case, against their release by grant of remission of sentence because of the heinous offence committed by them.
The Bombay HC had dismissed the said writ petitions holding that the period of parole is to be excluded from the period of sentence while considering the 14 years to actual imprisonment for the purpose of premature release. The lifers had appealed against the HC verdict in the SC.
The question before the SC bench was - whether the period of parole is to be excluded from the period of sentence while considering 14 years of actual imprisonment for the purpose of premature release is to be considered?
Writing the judgment, Shah said, "If the submission on behalf of the prisoners that the period of parole is to be included while considering 14 years of actual imprisonment is accepted, in that case, any prisoner who may be influential may get the parole for number of times as there is no restrictions and it can be granted number of times.”
"If the submission on behalf of the prisoners is accepted, it may defeat the very object and purpose of actual imprisonment. We are of the firm view that for the purpose of considering actual imprisonment, the period of parole is to be excluded. We are in complete agreement with the view taken by the HC holding so," Justice Shah said.
Rejecting the plea for inclusion of parole period with the period of actual incarceration as per Section 55 of the Prison Act, 1894, the SC said this provision shall be applicable in a case where a prisoner is taken out from any prison, he shall deem to have been in prison. "However, the same shall not be applicable with respect to release on parole," it said.
The HC had relied upon 2006 Prison Rules 2006 which provided that the period of release on Furlough and Parole "shall be counted as remission of sentence ….". SC agreed with the HC and said, "Once the period of parole is to be counted as remission of sentence, as rightly observed and held by the HC, the period of parole is also required to be excluded from the period of sentence while considering 14 years of actual imprisonment.”
Rules made stringent: 2020
Bharti Jain, September 5, 2020: The Times of India
Seeking a fine balance between the rights of prison inmates and protecting the society from further harm, the home ministry has issued fresh guidelines for states on grant of parole and furlough to prisoners, proposing that these concessions be strictly restricted in cases of offenders whose release may adversely impact security of the state or safety of individuals.
It has suggested that state/UT prison administrations refrain from granting parole and furlough as a matter of routine and leave it to a committee of officers and behavioural experts to assess requests, especially from inmates sentenced for sexual offences, murder, child abduction and violence.
The fresh provisions in the MHA guidelines on parole, furlough and premature release, which form part of the Model Prison Manual 2016, ask the states/UTs to revisit their parole rules, including the criteria, duration and frequency, after assessing their experience regarding the benefits and detriments of such parole.
The new guidelines also seek to include experts —psychologist/criminologist/ correctional administration expert— as a member of the sentence-review board and in the committee that decides grant of parole and furlough to inmates, and obtain their opinion before such temporary release.
With ‘prisons’ and “persons detained therein” being a ‘state’ subject, the home ministry has only framed the Model Prison Manual 2016 for the states, which provides guidelines on parole, furlough, premature release, remission and ‘contact with the outside world’.
Stating that concerns have been expressed regarding recidivism, with prison inmates on temporary or premature release having re-offended or indulged in criminal activities, the home ministry in an advisory to the states and UTs sent on Thursday stated that this underlined the need to carefully regulate the grant of these concessions. It also asked the states to evolve and implement suitable therapy and counselling programmes for inmates by involving psychologists to bring in the desired behavioural changes. The Centre also sought an action taken report from states.
Existing guidelines state that certain categories of inmates may not be eligible for parole or furlough, like ones whose immediate presence in society is considered dangerous and prejudicial to public peace; those who have been involved in serious prison violence or escape; and prisoners convicted for heinous offences such as terrorist crimes, kidnapping for ransom and narcotics smuggling.
Terrorism\ TADA convicts and parole
Not eligible for parole in Maharashtra
Vaibhav Ganjapure, January 30, 2023: The Times of India
NAGPUR: Dismissing a plea by a convict under the Terrorist and Disruptive Activities (Tada) Act, 1987, the Nagpur bench of Bombay high court has clarified that such prisoners cannot be released on regular parole. Citing Rule 19 of the ‘Prisons (Bombay Furlough and Parole) Rules, 1959’, the court said these prohibit such convicts from getting such benefits.
“There is a bar placed upon prisoners convicted for terrorist crimes under Tada from being released on regular parole. The petitioner is convicted under Tada and, therefore, he would not be eligible for it,” a division bench comprising justices Sunil Shukre and Manhar Chandwani ruled.
Petitioner Mohammed Hasan Mehndi Hasan Sheikh, a Tada convict undergoing life imprisonment at Amravati Central Jail, had sought parole for meeting his ailing wife in Thane. His application was rejected by the jail superintendent on the ground that he was ineligible as per rules.
The 54-year-old convict challenged the rejection in HC. He quoted a Supreme Court verdict, contending that even convict under Tada could not be disqualified from seeking parole. The HC judges said the SC verdict was not regarding rules of 1959 governing prisoners in Maharashtra.
Adding that Sheikh’s case would be guided by provisions made in the Rules of 1959 applicable to the convicts in Maharashtra, the HC justices said such was not the case before SC.
“In petitioner’s case, there is a specific provision under the Rules of 1959, which is rule 4(13), that disqualifies a Tada convict from getting benefit of regular parole. This provision was not under consideration before SC. Therefore, the petitioner can get no assistance from the SC verdict,” the HC said while dismissing the plea.
WHAT HC SAID
- Bar on Tada prisoners getting regular parole under Maha rules
- In earlier SC verdict, convict was not governed by Maha rules
- SC acknowledged states formulated separate guidelines on parole
- Rule 4(13) of Maha disqualifies TADA convict from getting parole
- Petitioner’s case to be guided by provisions in Maha rules
