Laxity in deciding parole pleas ‘symptomatic of apathy’, says High court

All applications for temporary release on parole must be decided by the competent authority within four months of receipt, the Punjab and Haryana High Court has directed. The Bench warned that the convicts would be at liberty to move appropriate applications seeking initiation of contempt of Court proceedings against the officials concerned in case of non-compliance without any justifiable cause.

The ruling came amid sharp judicial criticism of the State administration’s delay in considering parole requests. Justice Harpreet Singh Brar asserted that the delay as violated the fundamental rights of prisoners and reflected a deeper “culture of apathy.”

“It is deeply concerning that State agencies display such laxity in dealing with applications for temporary release. The administration cannot truly comprehend the value of liberty as perceived by a prisoner, who lives its absence every single day. Such an undisciplined approach is symptomatic of the culture of apathy that has developed on the subject of rights and well-being of convicts. In denying them their legal right to be considered for temporary release under a statute that has been created for this very purpose, the authorities have essentially categorized them as second-class citizens,” observed Justice Brar.

Expressing a prima facie opinion that the “casual and lackadaisical conduct of the concerned authorities cannot be allowed to continue unchecked,” the court added that the competent authority was required to assess the case and pass a reasoned order, either accepting or rejecting application for temporary release within reasonable dispatch.

“The incarcerated cannot be expected to live at the whims and fancies of the State and neither does their incarceration entitle the administration to jeopardize their fundamental rights under Article 21 of the Constitution of India,” Justice Brar asserted.

Referring to the legislative purpose behind the parole framework, Justice Brar added: “The very object of the Act is humanitarian in nature. Providing opportunities for temporary release ensures that the ties between the prisoner and the society are not severed. Ensuring that the incarcerated have healthy roots in the society greatly assists in their rehabilitation and reintegration. It also incentivises the inmates to maintain good conduct while in custody, that aids the jail authorities in administration as well.”

Justice Brar further concluded by saying: “To spare unwarranted hardship to the applicants and their families, it is further directed that all applications pertaining to temporary release on parole shall be decided by the concerned authority within a period of 04 months from receipt of such application. In case, these directions are not adhered to without any justifiable cause, the convicts would be at liberty to move an appropriate application under Article 215 of the Constitution of India seeking initiation of contempt of Court proceedings against the officials concerned.”

Punjab