In a significant ruling, the Punjab and Haryana High Court has directed all jail authorities to decide parole applications within four months from the date of receipt. Justice Harpreet Singh Brar emphasized that any delay beyond this time, without valid justification, would allow convicts to initiate contempt of court proceedings under Article 215 of the Constitution.
“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... within a period of 04 months from receipt of such application,” said the Court.
This direction came while hearing the plea of Jaspal Singh @ Jassa, who had filed a writ petition under Article 226 of the Constitution and relevant provisions of the Punjab Good Conduct Prisoners (Temporary Release) Act, 1962.
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The petitioner, serving a 10-year sentence under the NDPS Act, had already undergone 1 year, 8 months, and 24 days in jail. He had applied for parole 10 months ago, citing his mother's critical health and his responsibilities as a father of two. Despite this, no action was taken, prompting him to approach the court.
“It is deeply concerning that State agencies display such laxity in dealing with applications for temporary release,” the judge noted, adding,
“The administration cannot truly comprehend the value of liberty as perceived by a prisoner, who lives its absence every single day.”
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The Court further underlined that the purpose of temporary release is humanitarian. It helps convicts maintain social ties, supports rehabilitation and reintegration, and promotes good behavior inside prison.
Justice Brar also quoted the Supreme Court’s ruling in Sunil Batra v. Delhi Administration:
“Convicts are not, by mere reason of the conviction, denuded of all the fundamental rights which they otherwise possess… Even a convict is entitled to the precious right guaranteed by Article 21 of the Constitution.”
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In the present case, the High Court ordered the District Magistrate, Moga, to decide the petitioner’s parole application preferably within two weeks from receiving the court order.
The Court warned:
“If these directions are not adhered to without justifiable cause, the convicts would be at liberty to move contempt proceedings.”
Mr. Lakhwinder Singh Lakhanpal, Advocate for the petitioner.
Title: Jaspal Singh @ Jassa v. State of Punjab and others