LI Network
Published on: December 26, 2023 at 14:19 IST
Highlighting the significance of rehabilitation and societal reintegration for convicts, the Himachal Pradesh High Court has granted parole to a prisoner.
The Court emphasized that even those convicted of serious crimes deserve an opportunity to breathe fresh air and demonstrate commitment to reform.
In response to a plea seeking parole, Justices Tarlok Singh Chauhan and Bipin Chander Negi stated, “Convicts too must breathe fresh air for at least some time provided they maintain good conduct consistently during incarceration and show a tendency to reform themselves and become good citizens. Thus, redemption and rehabilitation of such prisoners for the good of societies must receive due weightage while they are undergoing a sentence of imprisonment.”
The case was brought before the High Court by Sewak Ram, seeking a writ of mandamus for his release on parole for 28 days. The petitioner invoked the Himachal Pradesh Good Conduct Prisoners (Temporary Release) Act, 1968, and its rules to support his plea.
Respondents, represented by Mr. I. N. Mehta and Mr. Y. W. Chauhan, Senior Additional Advocates General, opposed the claim, citing discrepancies in the petitioner’s documentation related to a ‘shradh ceremony’ date and the absence of a recommendation from the Gram Panchayat. They also highlighted the petitioner’s conviction for a heinous crime.
Upon meticulous examination of the records, the court noted that discrepancies in the petitioner’s documentation did not elicit adverse reports from the Panchayat or the complainant.
The Court emphasized that a mere conviction for a serious crime should not automatically label an individual as a “hardened criminal.”
Quoting extensively from the Supreme Court’s decision in Asfaq vs. State of Rajasthan (2017), the Court underscored the importance of parole as an opportunity for prisoners to maintain family ties, reform themselves, and eventually become law-abiding citizens.
Highlighting the reformative theory of punishment, the bench recorded, “When we recognize reformation as one of the objectives, it justifies letting even the life convicts for short periods, on parole, to afford opportunities for such convicts to solve their personal and family problems and maintain their links with society.”
It added, “These gestures on the part of the State, along with other measures, go a long way for redemption and rehabilitation of such prisoners. They are ultimately aimed at the good of society and, therefore, are in the public interest.”
Consequently, the respondents were directed to release the petitioner on parole for 28 days, subject to his furnishing a personal bond of Rs. 2,00,000/- with two local sureties of the like amount, to the satisfaction of the Superintendent, Model Central Jail Shimla.
Case Title: Sewak Ram @ Sanjeev Vs State of H. P. & Ors.