Rule Mandating One-Year Imprisonment for Parole Eligibility Violates Articles 14 and 21, Declares Court
In a landmark judgment, the Bombay High Court declared Rule 14 of the Maharashtra Prisons (Furlough and Parole) Rules, 2024, unconstitutional. This rule mandated that prisoners must complete one year of actual imprisonment before becoming eligible for regular parole. The court held that this provision was manifestly arbitrary and lacked any nexus with the objectives of granting parole, thus violating Articles 14 and 21 of the Indian Constitution.
The bench, comprising Justices Madhav J. Jamdar and Pravin S. Patil, delivered the verdict while adjudicating the writ petition filed by Vinodkumar Chellappan Pillai against the State of Maharashtra. The petitioner challenged the constitutionality of the rule, arguing it was a barrier to addressing personal and familial emergencies, for which parole is intended.
Citing precedents from the Supreme Court and its own earlier judgments, the court reiterated that parole is a limited legal right aimed at enabling prisoners to maintain societal ties and address urgent personal matters. The rule’s requirement of one year of imprisonment was deemed arbitrary as it bore no relation to the parole’s objectives, such as dealing with family illness or natural calamities.
The court directed the Deputy Inspector General of Prisons to reassess the petitioner’s parole application within a specified timeline, highlighting the importance of a humane approach towards prisoners. This judgment underscores the judiciary’s role in safeguarding constitutional rights and ensuring that state actions are not arbitrary or unjust.
Bottom line:-
Rule 14 of the Maharashtra Prisons (Furlough and Parole) Rules, 2024, which mandates completion of one year of actual imprisonment for regular parole, is held to be unconstitutional as it violates Articles 14 and 21 of the Constitution of India.
Statutory provision(s): Articles 14 and 21 of the Constitution of India, Maharashtra Prisons (Furlough and Parole) Rules, 2024 (Rule 14)
