Delhi High Court Grants Parole to Kanta Prasad, Criticizes Mechanical Rejection by Authorities

Court emphasizes the need for fair and reasoned decisions on parole applications, quashes arbitrary rejection order.

In a significant ruling, the Delhi High Court has granted parole to Kanta Prasad, a convict serving life imprisonment, while strongly criticizing the competent authority for its mechanical approach in rejecting his parole application. The judgment, delivered by Justice Dr. Swarana Kanta Sharma, highlights the necessity for parole decisions to be fair, reasoned, and based on the convict's comprehensive conduct record.

Kanta Prasad, convicted under Sections 302 and 307 of the Indian Penal Code, along with Section 30 of the Arms Act, had sought parole to re-establish social ties with his family. His application was initially rejected on the grounds of unsatisfactory jail conduct, a decision the court found arbitrary and unsupported by his recent record.

The court examined the details of Prasad's incarceration and conduct, noting that despite minor punishments in 2018 and 2019, his behavior over the past six years had been satisfactory. The court also observed that Prasad had been granted furlough and emergency parole multiple times without any misuse, highlighting his compliance with all conditions.

Justice Sharma emphasized the reformative purpose of parole, which aids in reintegrating convicts into society by maintaining family and social ties. The court underscored that denial of parole must be justified with specific and rational reasoning, not merely based on outdated or irrelevant infractions.

In quashing the rejection order, the court laid down clear directives for the competent authority, mandating detailed reasoning in rejection orders and a thorough review of the convict's entire conduct history. The ruling aims to prevent arbitrary denials and ensure that parole decisions contribute positively to the reformative goals of imprisonment.

The court's decision not only grants Kanta Prasad a four-week parole but also sets a precedent for more transparent and just parole deliberations in the future. The judgment has been communicated to all relevant authorities to ensure compliance and adherence to the new directives.

Bottom Line:

Parole application - Competent authority must ensure decisions are fair, reasoned, and based on the complete record of the convict's conduct and compliance with previous parole/furlough conditions.

Statutory provision(s): Delhi Prison Rules, 2018 Rule 1210, Sections 302 and 307 of the Indian Penal Code, 1860, Section 30 of the Arms Act, 1959

Kanta Prasad v. State of NCT of Delhi, (Delhi) : Law Finder Doc Id # 2796357