Supreme Court Dismisses Writ Petition Challenging Repeated Furlough For Convicted Dera Chief Gurmeet Ram Rahim Singh

Yesterday, the Supreme Court dismissed a Writ Petition challenging the recurrent approval of furlough and paroles for Dera Chief Gurmeet Ram Rahim Singh, who has been convicted of raping two disciples and committing two murders.

The Writ Petition also sought the establishment of uniform guidelines for cases involving temporary release, whether through parole or furlough, particularly for repeatedly convicted prisoners serving consecutive sentences.

The Bench of Justice Sanjiv Khanna and Justice S.V.N. Bhatti was apprised by the counsel appearing for the Petitioner, Advocate-on-Record Kaushal Yadav, that Ram Rahim was convicted of various heinous crimes and yet was repeatedly allowed furlough and parole.

"He is convicted of rape and 2 murder cases", submitted Advocate Yadav. However, Justice Khanna responded, "One minute, we understand that, please move to the High Court." Advocate Yadav further submitted, "Occassion had arisen before the High Court to examine, but the High Court has left it open."

However, refusing to entertain, Justice Khanna remarked, "Move again. I have seen that order but the order also records that at the time bail was already granted." Justice Khanna further stated to the Petitioner, "Don't make it person-specific but make it issue-specific. Move the High Court."

The Court accordingly ordered, "We are not inclined to entertain the present Writ Petition under Article 32 of the Constitution of India. The Petitioner, if advised, may move the jurisdictional High Court by way of Writ Petition under Article 226 of the Constitution of India." The Court in its order further observed that the High Court's order, which had granted discretion to jail authorities for parole and furlough decisions, would not serve as an obstacle in assessing the merits of the current Writ Petition.

In the Writ Petition filed by one Ved Prakash Vidrohi, it was submitted the grant of temporary release on good conduct in the situations, where the sentences are to run consecutively, had come up for the consideration of the High Court of Punjab and Haryana in CWP No.3008 of 2022 (O&M) titled as Paramjit Singh Saholi Vs. State of Haryana and others, where the parole granted to Gurmeet Ram Rahim was challenged on the ground of colourable exercise of power, but the same was left by the High Court to the discretion of the jail authority in the absence of any ground in the writ petition.

The High Court order noted, "Since Gurmit Ram Rahim was granted furlough for 21 days and he has completed the same and has returned to the jail premises, therefore, at this stage, more or less, the writ petition has become infructuous. In my considered opinion, the respondent-State has rightly interpreted the import of Section 2(aa) of the Haryana Good Conduct Prisoner (Temporary Release) Amendment Act, 2013. Since the petitioner has not laid any such ground of applicability of subsequent sentences during currency of sentences under a rape case, therefore, it would be appropriate for the State to consider all pros and cons arising out of all the convictions for the purpose of further furlough/parole, if any, in accordance with law."

The Petitioner in his present plea submitted, "In view of grant of recent furlough to Respondent No.4, who is a hardcore convicted prisoner, on 20.11.2023 by Respondent No.3 for a period of 21 days, in a case of rape, wherein he has been convicted for 20 years as the sentences are to run consecutively without considering the other cases of his subsequent convictions for murders, wherein the sentences are to run consecutively, some guidelines to guide the temporary release in such kind of cases, are needed to be laid down by this Hon’ble Court."

It was also highlighted in the Petition that Gurmeet Ram Rahim Singh has been convicted of rape for two terms of 10 years each and the sentences are to run consecutively, is further convicted of murder in two cases separately and the sentence in said cases is to run after the sentence awarded in the case of rape. The Petitioner further submitted that Ram Rahim is currently being prosecuted in a case of castration of his disciples.

"The said convict was granted parole and furlough on 9 different occasions in case of rape in quick succession, without considering the impact and outcome of the conviction awarded in other cases as the sentences passed in said cases are to run after the completion of the sentence in rape case. There is no provision in the Haryana Good Conduct Prisoners (Temporary Release) Act, 2022 providing for temporary release in such conditions except section 1(1) providing that a convict can be released temporarily only on getting the bail in all pending cases", submitted the Petitioner.

Cause Title: Ved Prakash Vidrohi Vs. Union Of India & Ors. [W.P.(Crl.) No. 000642 - / 2023]