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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
HARPREET SINGH BRAR
Jaspal Singh @ Jassa – Appellant
Versus
State of Punjab – Respondent
| Table of Content |
|---|
| 1. writ petition filed for parole release. (Para 1 , 2) |
| 2. humanitarian nature of parole release. (Para 7 , 8) |
| 3. need for timely decision on parole applications. (Para 9) |
| 4. mandate to decide parole applications expeditiously. (Para 11) |
| 5. consequences of delayed decisions on parole. (Para 12 , 13) |
JUDGMENT :
HARPREET SINGH BRAR, J.
1. Present criminal writ petition has been filed under Article 226 of the Constitution of India read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘ BNSS ’), wrongly mentioned as ‘BNS’, read with Section 3(1)(d) of the Punjab Good Conduct Prisoners (Temporary Release) Act, 1962 (for short ‘the Act’) seeking release of the petitioner on parole for a period of six weeks to meet his family members.
2. Learned counsel for the petitioner contends that in a case arising out of FIR No.73 dated 18.06.2020 under Section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985, registered at Police Station Talwandi Bhai, District Ferozepur, the petitioner was convicted and sentenced by learned Judge, Special Court, Ferozepur vide judgment of conviction and order of sentence dated 01.05.2024 to undergo rigorous impriso
Convicts retain constitutional rights, including timely consideration for parole, essential for rehabilitation and preventing the erosion of fundamental rights under Article 21.
The main legal point established in the judgment is that the rejection of parole should be based on solid reasons and material, and not on surmises and conjectures. The court emphasized the right to ....
The right to seek treatment under Article 21 of the Constitution of India can influence the decision regarding parole, especially in cases of medical necessity.
Parole cannot be denied based on mere likelihood of committing a crime, and the release should not be refused on mere generalization without specific evidence of endangering the security of the State....
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.
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