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Time of India

No bar on parole, furlough if appeal pending in SC: HC

New Delhi: Delhi High Court on Tuesday clarified that prison authorities are empowered to decide pleas for parole and furlough of inmates even if their appeal is pending in the Supreme Court. It answered a reference received from a single judge that emerged from a challenge to the Delhi Prison Rules filed by several former policemen serving jail terms in the notorious Hashimpura massacre case of Uttar Pradesh. "Thus, the Delhi Prison Rules do not bar consideration of parole and furlough if the matter is pending before the Supreme Court. It is an altogether different question as to whether, in the facts of a specific case, the prison authorities ought to grant parole or furlough if the Supreme Court is seized of the matter either in a special leave petition or in an appeal. The grant or non-grant of parole and furlough on merits would depend on the facts of each case," a bench of Justices Prathiba M Singh and Amit Sharma held. The court pointed out that there could be a situation where the apex court may have specifically refused to grant suspension of sentence or refused bail to a particular convict. "The authorities would have to bear in mind the non-grant of suspension or bail by the Supreme Court or other relevant circumstances, and the same may have an impact on the consideration of parole/furlough," it noted. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Secure your family's future! ICICI Pru Life Insurance Plan Get Quote Undo You Can Also Check: Delhi AQI | Weather in Delhi | Bank Holidays in Delhi | Public Holidays in Delhi "In such cases," HC said, "a deeper scrutiny would be required by the prison authorities as to whether parole or furlough could be granted to the convict." The bench emphasised that the mere fact that the authorities could exercise power did not mean parole or furlough ought to be granted as a matter of right, and whether relief could be granted or not was a different issue altogether and depended on the facts of each case. Furlough and parole envisage a short-term temporary release of a convict from jail. While parole is granted to the prisoner to meet a specific exigency, furlough may be granted after a stipulated number of years have been served without any reason. The high court was dealing with a batch of petitions by the convicts whose plea for furlough was not entertained essentially on the ground that their appeals are pending before the Supreme Court. "To impose a bar on consideration of parole/furlough if a special leave petition or appeal is pending in the Supreme Court could have completely unpredictable consequences and could also result in practical difficulties for convicts who may require to be granted parole/furlough due to emergent situations," it highlighted. The court put an end to an earlier interpretation of Rule 1224 of jail that barred parole/furlough being granted if the appeal is pending in the high court. Later, a court ruling extended the bar to also the pendency of appeal before the Supreme Court, which was reversed on Tuesday by the bigger bench. The high court sent each of the petitioners back to the bench that was hearing their plea for parole/furlough, noting that a decision must be made in light of the reference answered by it.