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HARKESH MANUJA
Azad Singh – Appellant
Versus
State of Punjab – Respondent
| Table of Content |
|---|
| 1. context of petitions for granting parole (Para 1 , 2 , 3) |
| 2. arguments for and against parole application (Para 4 , 5 , 6) |
| 3. legal provisions governing parole (Para 7 , 8 , 9 , 10) |
| 4. relationship between international treaties and domestic law (Para 11 , 12 , 13 , 14 , 15 , 16) |
| 5. application of domestic law over international standards (Para 17 , 18 , 19) |
| 6. decision on granting emergency parole (Para 20) |
| 7. final order and conclusion of the court (Para 21 , 22 , 23 , 24 , 25) |
JUDGMENT
Mr. Harkesh Manuja, J. -
This order of mine shall dispose of two criminal writ petitions filed under Article 226 of Constitution of India for issuance of directions to Superintendent Central Jail, Patiala to allow parole to the petitioner. While CRWP 11443 of 2022 has been filed by the petitioner to give power of attorney to his uncle to sell off his land and to be present in person as per requirement by the bank for premature closure of the FDR, previous CRWP 8025 of 2021 was filed for medical emergency in relation to the ill health of his father, petitioner being the single child to take care of his health.
2. For convenience, the facts are taken from CRWP 11443 of 2022 i.e. the recent
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 serves to maintain family ties and facilitate rehabilitation; denial must be justified by substantial evidence of risk to public order or security.
Granting parole is not a vested right of a convict prisoner and can be refused based on the prisoner's conduct and the circumstances of the case.
The court upheld the DPAC's discretion in denying parole, emphasizing the need for valid concerns regarding law and order and the applicability of the old Parole Rules of 1958.
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.
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