Develop mechanism for releasing convicts on parole: HC to Himachal Govt

The Himachal Pradesh High Court has directed the state government to develop a mechanism to promulgate, monitor, revise and enforce compliance of relevant provisions, Jail Manual, HP Good Conduct Prisoners (Temporary Release) Act and Rules framed thereunder, especially with respect to the time frame prescribed for process, considering and deciding the applications for temporary release.

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While passing this direction, a Division Bench, comprising Justice Vivek Singh Thakur and Justice Rakesh Kainthla, observed, “There should be an unambiguous, meaningful provision for considering eligibility for enlarging prisoners on parole, including eligibility for applying for parole for the first time.”

It further observed, “The denial of the extension of the benefit of parole should not be based upon vague and general objections communicated casually, but there must be substance or material to sustain the reasons for not recommending the case of the prisoners for release on parole. Mere apprehension without any substance or material should not be made basis for denying the benefit of temporary release on parole. The denial or non-recommendation should be based on a credible assertion, including a real cause or threat warranting non recommendation and denial of the benefit of temporary release.”

The court further directed the state authorities to undertake exercise to remove discrepancies and ambiguities among various provisions contained in the Act, Rules framed thereunder, as well as the Jail Manual, particularly with respect to the manner of processing of applications and time provided to the concerned authority to perform various acts on its part.

It further added, “There should be a strong mechanism to ensure adherence to the time schedule prescribed for processing, considering and deciding the applications for extension of benefits of temporary release. Failure, for no plausible sufficient cause, must invite stringent adverse action against the erring officials/officers. Necessary amendments in the Act, Rules and Jail Manual be incorporated.”

The court passed this order while dealing with a petition filed by convict challenging the rejection order passed by the jail authorities rejecting his application seeking 30 days’ parole.

The court further observed, “It is an undisputed fact that because of lacuna in the system, delay in deciding the application, absence of standardised parole procedure in the state, lack of proper guidance and training, insensitive approach of the concerned authorities, delay in deciding the applications for parole is resulting into flood of writ petitions in the courts in parole matters, causing wastage of valuable time and energy of the courts, state as well as stakeholders and also causing wastage of public exchequer. Such a situation is causing unnecessary overburden on the courts’ working, leading to delay in deciding other matters of much more importance.”