CHANDIGARH: The Punjab and Haryana high court has made it clear that parole is a part of the reformative theory of punishment and it is not necessary that all the convicts should get this privilege.
Prisoners, according to the HC, cannot claim privileges or remission and parole as their vested rights.
“Rights are classified under two categories of either, being a Fundamental Right under the Constitution, or a statutory right granted by the statute.
On the other hand, a privilege is granted by the state under certain conditions and can equally be taken away by the state.
The privilege can be given on certain specific grounds.,” observed a division bench,that passed these orders while dismissing the plea filed by Dr Ravdeep Kaur, who is undergoing life imprisonment in Patiala jail for the murder of additional district and sessions judge Vijay Singh in 2005.
‘Chances of petitioner evading process of law’Parole is a part of the reformative theory of punishment.
It is not necessary that all the convicts must have this privilege extended to them.
These benefits can be refused, in case, refusal is based on intelligible differentia and has a nexus to the object of the Rules.
A refusal cannot be violative of Article 14 of the Constitution,” observed a division bench, comprising Justice Anil Kshetarpal and Justice Archana.
Considering that she had jumped the parole earlier and was arrested from the Nepal border while making an attempt to flee from the country, the bench observed that there are chances that she may escape from the country if granted parole.
“Considering the facts, there are chances of the petitioner evading the process of law and likelihood of the petitioner to escape from the country, inanillegal manner, as such, cannot be ruled out.
Precisely, on this account, it shall not be appropriate to accept the request of the petitioner for releasing her on parole,” observed the high court while dismissing her plea.
In her plea, Dr Ravdeep Kaur had sought directions for her release on parole for a period of six weeks and also for quashing the order dated September 3, 2020, passed by the district magistrate, Patiala rejecting her case for parole.
She is presently undergoing life imprisonment in Central Jail, Patiala.
Her counsel argued that her request for grant of parole has been wrongly declined by the district magistrate, Patiala.
In fact, it could be declined by the authorities only on the ground mentioned under Section 6 of the Punjab Good Conduct Prisoners (Temporary Release) Act, 1962, ie when her release is likely to endanger the security of the state government or maintenance of public order, her counsel submitted.
During the hearing of the case, the HC was informed that she was earlier released on two week emergency parole on December 6, 2014, and was due to surrender on December 21, 2014, but she misused the concession and was arrested on February 4, 2015, from the Nepal border, allegedly along with certain fake documents.