HC grants parole, says although prisoner is not entitled to it under Parole Rules, aura of Article 21 would remove any such restrictions if facts & circumstances justify such parole

Read Order:  Naveen Kumar Vs. State of Haryana & Ors.

Tulip Kanth

Chandigarh, November 1 ,2021- The Punjab and Haryana High Court has observed that a prisoner cannot be deprived of attending a significantly important family event because the family members and the immediate relatives, apart from friends and the neighbours, usually take care of the family members of a person under incarceration.

The Bench of Justice Anoop Chitkara directed the petitioner to be released on parole for fourteen days, subject to furnishing requisite bonds to the satisfaction of the concerned authorities.

Herein, the petitioner who has been undergoing his sentence in a criminal case, came up before this Court under Article 226 of the Constitution of India for grant of parole. He had made a written request to the concerned Jail Superintendent for release on parole. However, the convict did not get any response.

Feeling aggrieved, he filed the instant writ petition on the grounds that marriage of the petitioner’s son has been fixed for November 14, 2021. He is the only maternal uncle of the bridegroom and as per Hindu customs he has important religious roles to perform. In order to corroborate his averment, the petitioner had also placed, the wedding card, on record.

The Bench clarified that although the petitioner is not entitled to get parole under the parole rules, the aura of Article 21 of the Constitution of India would remove any such restrictions if the facts and circumstances justify such parole. 

“A prisoner cannot be deprived of attending a significantly important family event because the family members and the immediate relatives, apart from friends and the neighbours, usually take care of the family members of a person under incarceration. The prisoner also longs for their cooperation, support, and even financial help. In return, such persons would also expect the prisoner to reciprocate by attending their sacrosanct family functions, fully aware that such presence is fraught with the risk of social boycott or dejection”, stated the Bench.

Thus, allowing the petition, the Court ordered that the parole will be subject to the condition that the petitioner shall surrender all weapons, firearms, ammunition, if any, along with the arms license to the concerned authority during the release period and shall not repeat or commit any offence; and the violation might not entitle the similar reliefs in future.