Parole or remission of convicts subject to specific Supreme Court directives requiring prior High Court approval cannot be granted or maintained in violation of such mandates, rendering the withdrawal of such parole orders for non-compliance valid.

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SUBHAS MEHLA, J. (Oral)

1. Present petition has been filed under Article 226 of the Constitution of India read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita (for short - ‘the BNSS’) read with Section 3(1)(b) of the Haryana Good Conduct Prisoners (Temporary Release) Act, 1989, seeking issuance of a writ for extension of time of parole which was already granted to the petitioners vide order dated 25.03.2026 (Annexures P-1 and P-2) for a period of ten weeks.

2. Learned counsel for the petitioners submitted that the petitioners were released on parole vide orders dated 25.03.2026 passed by Divisional Commissioner, Ambala, for a period of 10 weeks (Annexure P-1 & P-2). However, the said orders were withdrawn vide order dated 22.05.2026 (Annexure P-4) solely in view of the order dated 16.04.2026 passed by Hon’ble Supreme Court (Annexure P-3), while disregarding that the conduct of the petitioners remained satisfactory while they were on parole, and no complaint whatsoever was received qua them from any quarter. Vide order dated 16.04.2026 passed by Hon’ble Supreme Court it was directed that the petitioner shall not be released without prior permission of the concerned High Court. Hence, petitioners are constrained to file the present application seeking appropriate directions for the extension/restoration of the parole.

3. Per contra, learned State Counsel opposed the contentions of the petitioner by submitting that the petitioners were sentenced to life imprisonment for the heinous offence punishable under Section 364-A of the Indian Penal Code. The complainant/victim of the crime thereof, now posted as a Judicial Officer in the Delhi Judicial Services, approached the Hon’ble Supreme Court by way of Criminal Writ Petition No.520/2025, wherein, apart from other directions, it was directed that the convicts in the relevant case shall not be released on parole or remission without the prior permission of the concerned High Court. In view of the order of the Hon’ble Apex Court, the orders dated 25.03.2026 were rightly withdrawn by Commissioner, Ambala Division, Ambala vide its order dated 22.05.2026.

4. Heard.

5. Considering the submissions made by learned counsel for the parties and upon perusal of the record, this Court finds no ground to allow the present petition. It is not disputed that vide order dated 16.04.2026 passed by the Hon’ble Supreme Court, a specific direction has been issued that the convicts in the relevant case shall not be released on parole or remission without prior permission of the concerned High Court. In compliance thereof, the orders dated 25.03.2026 granting parole to the petitioners were withdrawn vide order dated 22.05.2026 passed by the Divisional Commissioner, Ambala. In the considered opinion of this Court, the said order of withdrawal dated 22.05.2026 (Annexure P-4) does not warrant interference, being in consonance with the directions issued by the Hon’ble Apex Court.

6. Accordingly, the present petition is dismissed.

7. The petitioners are directed to surrender before the concerned jail authorities forthwith, if not already surrendered. It is further directed that any future claim by the petitioners for parole or remission shall be considered strictly in accordance with law and subject to compliance with the directions issued by the Hon’ble Supreme Court vide order dated 16.04.2026.

8. Pending miscellaneous application(s), if any, stands disposed of accordingly.