Parole can’t be denied on apprehension of further offences: HC

CHANDIGARH: District magistrates cannot deny parole to a convict on apprehension that the person would indulge in similar activities after coming out of jail, said the Punjab and Haryana high court.

“... every executive decision has to be a reasoned one and the reasons so arrived have to be based on the material on record. The executive decision cannot be based on whims and fancies of the officer passing the order,” the high court bench of justice Harsimran Singh Sethi said.

The court was dealing with pleas of parole from two persons, convicts in drugs seizure cases.

In one case, parole was denied in 2019 by the Patiala district magistrate and in the other, by the Ludhiana district magistrate 2020, saying they are likely to indulge again in the illegal activity of selling drugs.

Following this, the petitioners moved the high court.

The court observed that once a convict is entitled for a benefit under the Jail Manual, the denial of parole has to be based upon a cogent reason.

“The only contention which has been raised by the state for declining parole to the petitioners is that it apprehends that they will not conduct themselves properly and in all probabilities will indulge in illegal activities of selling the drugs, which is prejudicial to the citizens,” it recorded.

The bench observed that the decision of not granting parole is on apprehensions.

“Nothing has been brought to the notice of this court as to what material has come against the petitioners so as to conclude or even apprehend that they will again start selling drugs. The reason given in the impugned orders cannot be accepted,” it recorded.

The court set aside both the orders and directed the district magistrates concerned to re-consider the prayers from convicts for the grant of parole and pass orders afresh.

The orders should contain reasons, which are based on the material on record, the bench added, giving six weeks time to the district magistrates.