No parole to ultras on human rights plea: SC

R Sedhuraman

Legal Correspondent

New Delhi, June 29 

The Supreme Court today ruled that terrorists had no right to seek parole or premature release, citing human rights or individual liberty.

A Bench comprising Justices Dipak Misra and Shiva Kirti Singh made the clarification while setting aside a Punjab and Haryana High Court judgment directing the Gujarat Government to release life convict Lal Singh alias Manjit Singh on parole for three months. 

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In its ruling  dated July 26, 2011, the High Court had directed Gujarat to reconsider its refusal to set the convict free, despite the fact he was in jail for more than 14 years. The Gujarat Government had approached the apex court, challenging the High Court verdict. Allowing the appeal, the apex court noted that the High Court had not found that the state government order was “bereft of appropriate consideration of necessary facts or there has been violation of principles of equality.”

It had merely cited many aspects of human rights and individual liberty and “if we allow ourselves to say so, the whole discussion is in the realm of abstractions,” the Supreme Court court remarked. On the other hand, the Gujarat Government had clearly stated in its order that the convict was involved in disruptive activities, criminal conspiracy and smuggling of arms, ammunition and explosives. Also, the convict had a widespread network to cause harm to national security. 

Arrested in 1993, Lal Singh was tried, along with 20 others, under the then Terrorists and Disruptive Activities (Prevention) Act (TADA).

The apex court, however, granted liberty to the convict to submit a representation to the Centre within eight weeks and directed the government to consider it expeditiously.