Anushri Joshi
In a landmark judgment delivered on October 15, 2024, the Rajasthan High Court ruled that an adverse police report cannot serve as a sufficient basis for denying parole to a convict. The ruling came in the case of Chaina Ram v. State of Rajasthan, where the petitioner, currently serving a life sentence for serious offenses, sought his first parole after over a decade in custody.
The bench, comprising Justice Pushpendra Singh Bhati and Justice Manoj Kumar Garg, scrutinized the decision made by state authorities that had rejected Chaina Ram’s application for parole based on a police report indicating potential risks to public safety. The court emphasized that the fundamental objective of parole is rehabilitation, aimed at facilitating the reintegration of convicts into society, rather than subjecting them to continued punitive measures based solely on speculative fears.
Counsel for the petitioner pointed out that Chaina Ram had already completed 10 years, 6 months, and 16 days of imprisonment, and presented positive reports from both jail authorities and the Social Welfare Department. Conversely, the police report, which warned of possible retaliation due to the nature of the crime, was deemed insufficient by the court to warrant a denial of parole.
The judges unequivocally stated that an adverse police report should not be a blanket justification for denying parole. They asserted that the state must provide substantial evidence of an imminent threat rather than rely on vague assertions. The court noted that unless extraordinary circumstances warrant such action, public safety concerns should not impede an individual’s right to seek parole.
Consequently, the court ordered the release of Chaina Ram on a 20-day parole, contingent upon specific conditions, including the provision of sureties and a personal bond. Furthermore, the Superintendent of Central Jail was tasked with ensuring compliance with all necessary procedures, with a clear stipulation that any criminal behavior during the parole period would result in the immediate revocation of the granted leave.
This ruling reinforces the judiciary’s commitment to upholding rehabilitative principles within the penal system while maintaining a delicate balance with public safety imperatives. The court’s decision delineates the boundaries between the rehabilitative aims of parole and the enforcement of law and order, thereby affirming the rights of prisoners in their pursuit of reintegration into society.
Case Citation: Chaina Ram v. State of Rajasthan
Case Number: D.B. Criminal Writ Petition No. 1953/2024
Bench: Justices Pushpendra Singh Bhati and Manoj Kumar Garg
Order Date: October 15, 2024
Click here to access the order