Punjab and Haryana HC slams delay in parole case, says prisoners are not ‘second-class citizens'
Justice Harpreet Singh Brar, who passed the order on July 9, said, 'It is deeply concerning that state agencies display such laxity in dealing with applications for temporary release. The administration cannot truly comprehend the value of liberty as perceived by a prisoner, who lives its absence every single day.'
The petitioner, Jaspal Singh alias Jassa, is serving a 10-year sentence under the NDPS Act for a 2020 case in Ferozepur. He applied for eight weeks of parole in September last year to care for his mother, who suffers from age-related illnesses, and to reunite briefly with his two children. But despite nearly 10 months passing, the application remained undecided, prompting him to move the High Court.
Justice Brar said the Punjab Good Conduct Prisoners (Temporary Release) Act, 1962, was humanitarian in spirit and must not be reduced to a 'paper ritual.' Citing the Supreme Court's landmark 1978 ruling in Sunil Batra vs. Delhi Administration, he noted, 'Convicts are not, by mere reason of the conviction, denuded of all the fundamental rights which they otherwise possess.'
The judge also pointed to earlier High Court judgments that fixed timelines for such decisions, including Joginder Singh vs. State of Punjab and Mahammad Shehbaz vs. State of Punjab.
Appearing for Singh, Advocate Lakhwinder Singh Lakhanpal argued that the inaction had caused mental agony to the prisoner and his family. The state, represented by Additional Advocate General Subhash Godara, admitted the parole file was still awaiting a police report before the District Magistrate could act.
Disposing of the petition, the court not only ordered the DM to take a final call on Singh's application within two weeks but also laid down a broader rule: all parole pleas must be decided within four months. Failure to do so without valid reasons could invite contempt proceedings, the judge warned.
The High Court has also directed that a copy of the order be sent to the legal representatives of Punjab, Haryana, and Chandigarh to ensure compliance across the region.
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