The Rajasthan High Court has granted emergent parole to a 68-year-old convict suffering from chronic health issues.

Gabbar Singh's petition for emergent parole on medical grounds was dismissed by the District Magistrate of Dholpur. Singh filed a Writ Petition seeking emergent parole for thirty days due to his deteriorating health conditions. The petition highlighted Gabbar's ailments, including chronic liver diseases and Chronic Pulmonary Disease with hypertension, necessitating urgent medical attention.

While emphasising that parole is an integral part of the correctional process. It is a kind of consideration granted to the prisoners to help them to come back into the mainstream of life, the Single-Judge Bench of Justice Ail Kumar Upman said, "It is nothing but an instrument of social rehabilitation of the prisoner. It provides a second chance to the prisoner to rehabilitate himself. The offender might have committed an offence, but it is not desirable that he always be labeled and must not be given any chance to rehabilitate himself."

The Bench highlighted the objectives of Parole, as two fold: the rehabilitation of the offender and the protection of society. It is a means of helping the inmate to become a law-abiding citizen, while at the same time ensuring that he does not misbehave or return to crime."

The District Magistrate, relying on Rule 11(1) of the Rajasthan Prisoners Release on Parole Rules, 2021, initially rejected Gabbar's plea for emergent parole. However, the High Court, in its order dated May 22, 2024, emphasized the importance of parole as a tool for social rehabilitation and recognized the right of prisoners to proper medical treatment under Article 21 of the Constitution of India.

The Court also referenced the International Covenant on Civil and Political Rights (ICCPR), emphasizing the humane treatment of all persons deprived of their liberty. It drew attention to a recent case where a family received compensation for the death of an undertrial prisoner, emphasizing the right to health and dignity under Article 21 of the Constitution.

Furthermore, the Court analyzed the provisions of the Parole Rules of 2021, noting that in emergent cases involving grave illness, a convict is entitled to be released on parole. It highlighted the need for a liberal interpretation of beneficial legislation to ensure its intended socio-economic impact.

In its detailed order, the High Court acknowledged the challenges faced by prisoners in accessing proper medical care within jail facilities. It noted instances where individuals had suffered due to inadequate medical facilities, emphasizing the importance of addressing such shortcomings.

Ultimately, the Court deemed it just and proper to grant Gabbar Singh emergent parole for fifteen days, subject to certain conditions. The Court quashed the District Magistrate's decision and directed Gabbar's release upon furnishing a personal bond and sureties to the satisfaction of the Superintendent of District Jail, Dholpur.

"This Court deems it just and proper to allow the instant criminal writ petition seeking emergent parole. Accordingly, the order dated 29.04.2024 passed by the learned District Magistrate is quashed and set aside and it is hereby directed that the convict-petitioner, Gabbar S/o Bachhu Singh shall be released on emergent parole of fifteen days upon his furnishing a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of Superintendent, District Jail, Dholpur on usual terms and conditions," the Court ordered.

Cause Title: Gabbar v. The District Collector, Dholpur & Anr.

Appearance:-

Petitioner: Advocate Lakhan Singh Tomar

Respondent: Advocate Yashwant Khankadia (PP)

Click here to read/download the Order


Justice Anil Kumar UpmanRajasthan High Court

Sukriti Mishra