Court Upholds Rejection of Emergency Parole Under Haryana Good Conduct Prisoners Act, 2022; Allows Custody Parole with Police Escort
In a significant decision, the Punjab and Haryana High Court has denied emergency parole to a hardcore convicted prisoner, Virender Alias Molad, but permitted custody parole for him to attend the last rites of his deceased wife. The court's decision, delivered by Justice Yashvir Singh Rathor, was based on the Haryana Good Conduct Prisoners (Temporary Release) Act, 2022, which mandates a minimum period of imprisonment before such parole can be granted to hardcore prisoners.
The petitioner, Virender Alias Molad, had been previously convicted for serious offenses, including a life sentence under Section 302 of the Indian Penal Code (IPC). During a previous parole, he was found in possession of contraband, leading to a fresh case under the Narcotic Drugs and Psychotropic Substances (NDPS) Act. His application for emergency parole was rejected by the Superintendent of Central Jail, Hisar, as he had not completed the requisite five years of imprisonment following his latest offense.
Section 6(3) of the Haryana Good Conduct Prisoners Act requires that a hardcore prisoner must not have committed any major jail or cognizable offense in the preceding five years to be eligible for emergency parole. The court upheld this provision, stating that the petitioner did not meet the criteria due to his recent offense under the NDPS Act.
Despite the rejection of emergency parole, the court acknowledged the humanitarian aspect of the case and granted custody parole to the petitioner. This decision allows him to attend his wife's funeral on January 3rd and 4th, 2026, under police escort, ensuring that he can perform the necessary rituals while maintaining public safety.
The judgment underscores the importance of adhering to statutory requirements for parole, while also considering the personal circumstances of prisoners. It highlights the balance the legal system seeks to maintain between enforcing the law and addressing humanitarian needs.
Bottom Line:
Emergency parole for hardcore convicted prisoner rejected as he did not fulfill the requisite condition of completing 5 years of imprisonment after the date of his latest offence under NDPS Act - Custody parole granted for performing last rites of deceased wife under police escort.
Statutory provision(s): Haryana Good Conduct Prisoners (Temporary Release) Act, 2022 - Sections 6(2), 6(3).
Virender Alias Molad v. State of Haryana, (Punjab And Haryana) : Law Finder Doc Id # 2833633
