Signing you in

The issue of parole has come into focus after Dera Sacha Sauda chief Gurmeet Ram Rahim Singh, serving a 20-year sentence for raping two of his disciples, walked out of Rohtak’s Sunaria prison on a 30-day parole on 26th May. Separately, the Punjab and Haryana High Court reiterated that parole is not a dilution of the punishment, but a statutory concession, while granting a 10-week temporary release to a life convict lodged in Karnal jail after police dismissed his plea.

These developments are important from your exam perspective. Let’s understand what parole is and how it is different from furlough.

1. Originating from the French word “je donne ma parole,” parole means “word of honour.” The Supreme Court has discussed the history of parole in the Poonam Lata v. M.L. Wadhawan case where it highlighted that historically ‘parole’ is a concept known to military law and denotes release of a prisoner of war on promise to return.

2. It has been an integral part of the English and American systems of criminal justice intertwined with the evolution of changing attitudes of the society towards crime and criminals.

Prison and prison administration fall under the State List of the Seventh Schedule of the Constitution. 3. Parole is the release of a prisoner from a penal or correctional institution after he has served a part of his sentence under the continuous custody of the State and under conditions that permit his incarceration in the event of misbehavior. It is a grant of partial liberty or lessening of restrictions to a convict prisoner and does not change the status of the prisoner.

4. There is no restriction on a convict about the number of times he has applied for parole. The parole is generally granted on the grounds of sickness, death, marriage, property dispute, education, or any other sufficient reason.

5. In the United States and Britain, every sentence above 18 months is eligible for parole after completion of one-third of prison time. The primary legislation dealing with criminal laws in India does not contain any provisions related to Parole/Furlough. It is administered by the rules made under the Prison Act, 1894, Prisoner Act, 1900, and the prison rules of respective states.

6. In India, parole and furlough are covered under the Prisons Act of 1894. Prisoners convicted of multiple murders or under the anti-terror Unlawful Activities Prevention Act (UAPA) are not eligible for parole.

7. Since prison is a State subject in the Constitution, the Prisons Act of each state government defines the rules under which parole is granted in that state. State governments have their own Prisoner Release on Parole Rules.

8. For instance, in Haryana, the procedures of Parole/Furlough are governed by the Haryana Good Conduct Prisoner (TemporaryRelease) Act, 2022, which, inter alia, provides that a person, in normal circumstances, can be released on maximum 91 days duration from the prison, collectively for Parole and Furlough.

9. The Haryana Good Conduct Prisoner (TemporaryRelease) Act, 2022, mentions three types of parole: custody parole, emergency parole, and regular parole. In normal parole (regular parole), the convicted person may be released for ten weeks in a calendar year cumulatively and the convicted prisoner may avail it in two parts.

10. Parole is also granted by the state executive — the jail authorities submit the report to the state government — and the competent authority takes a final decision on grant of parole on humanitarian considerations. If a plea for parole is rejected, the convict can move the High Court challenging the order of the competent authority.

This is a concept broadly similar to parole, but with some significant differences. Furlough is given in cases of long-term imprisonment. The period of furlough granted to a prisoner is treated as remission of his sentence

(Remission refers to reducing the period of a sentence for a person who has been found guilty of a crime.) It is not seen as a matter of right, and is given to a prisoner for a specific reason. It is seen as a matter of right for a prisoner, to be granted periodically irrespective of any reason, and merely to enable the prisoner to retain family and social ties. Prisoners convicted of multiple murders or under the anti-terror Unlawful Activities Prevention Act (UAPA) are not eligible for parole. Furlough is usually granted in case of long-term imprisonment and after spending a certain period of time incarcerated. If a plea for parole is rejected, the convict can move the High Court challenging the order of the competent authority. Since furlough is not granted for any particular reason, it can be denied in the interest of the society. BEYOND THE NUGGET: Anticipatory bail 1. In the Twisha Sharma case, the Madhya Pradesh High Court quashed the anticipatory bail granted to retired district judge Giribala Singh, mother-in-law of Twisha Sharma. As opposed to ordinary bail, which is granted to a person who is under arrest, in anticipatory bail, a person is directed to be released on bail even before arrest is made.

2. The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) contains provisions for anticipatory bail in Section 482 (earlier Section 438 of the Code of Criminal Procedure). The provision empowers only the Sessions Court and High Court to grant anticipatory bail.

3. Sub-section (1) of the provision reads: “When any person has reason to believe that he may be arrested on an accusation of having committed a non-bailable offence, he may apply to the High Court or the Court of Session for a direction under this section; and that Court may, if it thinks fit, direct that in the event of such arrest, he shall be released on bail.”

4. In the 1980 Gurbaksh Singh Sibbia vs State of Punjab case, a five-judge Supreme Court bench led by then Chief Justice Y V Chandrachud ruled that S. 438 (1) is to be interpreted in the light of Article 21 of the Constitution (protection of life and personal liberty).

With reference to India, consider the following statements: (UPSC CSE 2021)

1. When a prisoner makes out a sufficient case, parole cannot be denied to such prisoner because it becomes a matter of his/her right.

2. State Governments have their own Prisoners Release on Parole Rules.

(Sources: Explained: The difference between parole and furlough, Haryana Good Conduct Prisoner (TemporaryRelease) Act, 2022, Poonam Lata vs M.L. Wadhawan & Ors case)