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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
RANJAN SHARMA, J.
Prakash Kumar - Appellant
Versus
State of Himachal Pradesh and Others - Respondents
CWP No. 2286 of 2025
Decided On : 21-02-2025
(A) Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 21 and 22 - Himachal Pradesh Good Conduct Prisoners (Temporary Release) Act, 1968 - Sections 3 and 6 - Parole application - Convict seeking parole for 28 days due to mother's critical health - Previous paroles granted - State authorities denied extension based on internal manual provisions - Court found denial arbitrary and quashed the order, directing reconsideration of parole application. (Paras 5, 6, 10, 13)
(B) Parole - Purpose and conditions - Parole serves to maintain family ties and facilitate rehabilitation of convicts - Denial of parole must be justified by substantial evidence of risk to public order or security. (Paras 5, 19, 21)
Facts of the case:
The petitioner was convicted under the ND&PS Act and sentenced to 20 years imprisonment. He sought parole to care for his critically ill mother, having previously been granted parole twice. The State denied his request based on a manual provision requiring six months of imprisonment before a second parole.
Findings of Court:
The court found the denial of parole to be irrational and arbitrary, emphasizing the need for a humane approach in considering parole applications, especially in light of the convict's good behavior and the critical condition of his mother.
Issues: The main issues included whether the denial of parole was justified under the relevant provisions and whether the State authorities acted within their discretion.
Ratio Decidendi: The court ruled that the State's reliance on internal manual provisions was inappropriate, as it contradicted the statutory framework governing parole, which aims to facilitate rehabilitation and maintain family ties. The court emphasized that the denial of parole must be based on substantial evidence of risk to public order.
Result: Petition allowed; parole granted for 14 days with conditions.
JUDGMENT :
Ranjan Sharma, J.
1. Petitioner, Prakash Kumar, a convict has come up before this Court, seeking his temporary release-parole, with the following relief(s):-
“(i) That the respondents may kindly be directed to release the petitioner on parole for a period of 28 days.”
FACTUAL MATRIX
2. Case as set-up by Learned Counsel is that for offences under Sections 21 & 22 of the Narcotic Drugs & Psychotropic Substances Act [hereinafter referred to as ‘ND&PS Act’], the petitioner was convicted and sentenced on 06.09.2023, by Learned Special Judge, Mandi Division, District Mandi [HP], for rigorous imprisonment for 20 years and to pay a fine of Rs. 2,00,000/- [Rupees Two Lakh], with a default punishment also:
(i)Facts, as indicated in instant petition, is that mother of the petitioner is critical and she is hospitalized and under treatment in Civil Hospital, Panchkula, which is borne out from the treatment summary and photographs placed on records. It is averred that the petitioner has a brother who is deaf and dumb and petitioner has one daughter and a wife and there is no other male member so as to take care of the mother and to extend facilities as may be required at this stage.
(ii)It is stated that petitioner was granted parole on two earlier occasions w.e.f. 29.8.2024 to 25.9.2024 and then again for 14 days w.e.f. 31.12.2024 to 22.1.2025 and after expiry of parole period, the petitioner surrendered before concerned jail authorities.
(iii)Since the medical condition of petitioners mother became unstable therefore, it was in these circumstances that during subsistence of second parole period, petitioner submitted an application for extension of parole by Email on 15.1.2025 but the authorities dropped the application for parole on 6.2.2025, with the plea, that on the ground that petitioner had surrendered after expiry of the parole period on 22.1.2025. However, since, the health condition of petitioners mother was still unstable therefore, in this back ground, the petitioner [Prakash Kumar] has filed the instant petition through his wife seeking parole for 28 days so as to take care of ailing mother who is bed-ridden/hospitalized as on day.
STAND OF STATE AUTHORITIES:
3. Upon issuance of notice on 11.2.2025, this Court directed the respondents to file Reply/Status Report within two weeks:
(i)Upon listing of matter today [21.02.2025], Learned State Counsel has furnished Instructions dated 20.02.2025 [Taken on Record], imparted by Director General Prisons & Correctional Services, Himachal Pradesh.
(ii) The stand of Respondents in Instructions dated 20.02.2025, reads as under:-
“No.7-21/2025-Jail 1062-62
Government of Himachal Pradesh
“Directorate of Prisons & Correctional Services”
From
The Director General,
Prisons & Correctional Services,
Himachal Pradesh
To
The Advocate General,
State of Himachal Pradesh,
Shimla-171001
Dated Shimla-171009 the 20 Feb. 2025
The petitioner had previously availed 28 days parole from 29/08/2024 to 25/09/2024 for his mother’s medical treatment. Thereafter, he has again applied for 42 days temporary release on parole on 29/11/2024, to look after and assist in the treatment of his mother. The facts were verified through the SHO, Police Station, Mandi H.P., whose report dated 2.12.2024 (Annexure: B) confirmed that the petitioner’s mother was suffering from a brain stroke and was under treatment at P.G.I Chandigarh.
As per Para No. 19.12 of the H.P Prison Manual 2021, a convict is eligible for second parole “after completion of six months of actual imprisonment to be counted from the date his last return from parole” (Annexure C). The petitioner had not completed the required six months of actual imprisonment from the date of his last return from parole, however, his case was considered by the department on humanitarian grounds, and 14 days parole was granted to the petitioner vide letter dated 31.12.2024 [Annexure D). Subsequently, the petitioner requested an extension of 28 days parole on 15/01/2025 via an email [Annexure E
Parole serves to maintain family ties and facilitate rehabilitation; denial must be justified by substantial evidence of risk to public order or security.
Parole – Convicts have right to breathe fresh air for short periods – Any objection raised by local inhabitants/relative cannot be sole determinative basis for refusing parole.
Parole is a conditional release aimed at the reformation of convicts, and denial based solely on non-recommendation by authorities without substantial justification is impermissible.
Releasing authority must independently assess parole applications beyond district non-recommendation; good conduct prisoners entitled to temporary release for family ties despite serious offence, abs....
Parole rejection invalid if solely based on offence nature without evidence of threat to state security or public order; releasing authority must independently assess good conduct and reform potentia....
Parole cannot be denied solely based on the nature of the crime if the convict exhibits good conduct and a tendency to reform, ensuring the maintenance of family ties is critical.
Parole cannot be denied solely based on the nature of the conviction; maintaining family ties and demonstrating good conduct are paramount for rehabilitation and reform.
Parole cannot be denied solely for heinous offence; must be based on endangering state security or public order. Good conduct, agricultural need, local support warrant grant despite non-recommendatio....
Parole cannot be rejected solely for heinous offence nature or reoffending apprehension if jail conduct satisfactory and reformation evident; must balance family ties, rehabilitation against public o....
Parole cannot be rejected solely for heinous nature of offence; must consider good conduct, reformation tendency, family ties maintenance, and absence of threat to public order or society.
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