Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Parole: Application for regular parole for 20 days |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Parole:Application for regular parole for 20 days - By the convict[convicted under provisions of Terrorists and Disruptive Activities Act (TADA)} - Rejected by Government of India as well as the StateGovernment - Writ petition challenging the rejection of parole wasdismissed by High Court holding that since the Supreme Court haddecided the appeal affirming conviction, it would be inappropriatefor the High Court to exercise discretion in favour of the convict- appellant - On appeal, held: The issue in the present appeal wasentirely different from the issue in the appeal wherein convictionunder provisions of TADA was affirmed by Supreme Court -Therefore, the observation of the High Court that it wasinappropriate for it to exercise its discretion in favour of theappellant, amounts to abdication of the power vested in the High Court - However, the parole of 20 days was rejected in view of the. adverse reports of concerned authorities - The authorities havetaken into account relevant considerations while rejecting therequest of parole - Therefore, it is not a flt case for grant of parole.Purpose of, and ground for granting parole - Held: Release of a life convict from jail for a short period has to be considered asan opportunity not only fo serve his personal and family problems,but also to maintain his links with the society - Redemption andrehabilitation of prisoners for th~ good of the society must receivedue weightage, while they are undergoing sentence ofimprisonment.- Apart from the public purpose ingrained in the reformation theory of sentencing, other competing public interesthas also to be kept in mind while deciding grant of parole - Thepublic interest demand~ that habitual offenders and those who havetendency to. become threat to law and order of society, should notbe released on.parole - Mere nature of the offence committed shouldnot be a factor to deny the parole outright Iv though in such casesstricter standards are to be applied while judging parameters ofgood conduct - There is immediate need to update the Rules framedby Central Government which regard to parole so as to providesuitable guidelines to those who have to consider such applications for grant ofp arole.Parole - ,Distinction from furlough - Discussed.Words and Phrases:"Habitual Offender' - Meaning of - Discussed. |
Judge | Hon'ble Mr. Justice Arjan Kumar Sikri |
Neutral Citation | 2017 INSC 884 |
Petitioner | Asfaq |
Respondent | State Of Rajasthan & Ors. |
SCR | [2017] 11 S.C.R. 571 |
Judgement Date | 2017-09-11 |
Case Number | 10464 |
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