The Rajasthan High Court has referred a batch of nine connected petitions concerning the grant of permanent parole to a Larger Bench, raising important questions about which parole rules should apply to prisoners convicted before the introduction of the Rajasthan Prisoners (Release on Parole) Rules, 2021.
A Division Bench comprising Chief Justice Sanjay K. Agrawal and Justice Sameer Jain passed the order on October 29, 2026.
Background
The petitions were filed by prisoners seeking permanent parole under the Rajasthan Prisoners (Release on Parole) Rules, 1958. The lead matter concerned a prisoner confined at Open Air Camp, Karauli, whose request for permanent parole had been rejected by the State Committee on October 8, 2025, by invoking Rule 14(d) of the 1958 Rules.
The petitioners' counsel pointed out that permanent parole had been granted in certain other cases despite the applicability of the same provision. The Court also considered the question of whether prisoners convicted before the 2021 Rules came into force should be governed by the earlier or newer rules.
The petitioners relied upon Supreme Court decisions, including Maru Ram v. Union of India and State of Haryana v. Jagdish. The State, represented by the Advocate General, relied upon other Supreme Court judgments and argued that neither the Code of Criminal Procedure, 1973, nor the Bharatiya Nagarik Suraksha Sanhita, 2023, specifically provides for the grant of parole.
The Bench observed:
"In view of the aforesaid submissions and the legal questions arising for consideration, this Court deems it appropriate to refer the matter to a Larger Bench for an authoritative determination of the issues involved."
The Court framed three questions for consideration, including which set of parole rules applies, whether parole amounts to temporary suspension of sentence, and how the replacement of the CrPC by the BNSS affects the operation of the 1958 Rules.
The High Court referred the matter to a Larger Bench for an authoritative determination of these legal questions and directed the Registry to proceed accordingly.
