Court Cites Pending Criminal Cases and Availability of Alternative Arrangements as Grounds for Rejection
In a significant ruling, the Allahabad High Court, Lucknow Bench, dismissed multiple writ petitions filed by Angad Yadav, a former Uttar Pradesh Minister, seeking parole from prison on humanitarian grounds. Yadav, currently serving a life sentence for murder, had filed for parole citing health issues, marriage arrangements for his children, and agricultural work.
The bench, comprising Justices Rajesh Singh Chauhan and Rajeev Bharti, emphasized that the Uttar Pradesh (Suspension of Sentence of Prisoners) Rules, 2007, specifically Rule 1(4)(c), prohibits granting parole to prisoners with pending criminal cases. Yadav's criminal history, including pending cases and previous convictions under Section 302 of the Indian Penal Code, was pivotal in the court's decision.
In his petitions, Yadav argued for parole due to old age ailments and to facilitate his children's marriages. However, the court noted the absence of fixed marriage dates and highlighted the availability of alternative arrangements for agricultural work, given the presence of Yadav's adult sons. The court also referred to the Supreme Court's judgment in Asfaq v. State of Rajasthan, advocating judicial caution in granting parole to convicts of serious offenses.
The court underscored the balance between humane treatment of convicts and societal safety. It rejected Yadav's plea for parole, affirming that the rejection was justified based on pending criminal cases and the potential threat to public safety.
Yadav, a seasoned politician, had previously served as a member of the legislative assembly and as a minister in Uttar Pradesh. His parole applications had already been turned down by state authorities, prompting his approach to the High Court. Despite claims of political enmity leading to false cases, the court maintained its stance, adhering to statutory provisions and judicial precedents.
The decision marks a reaffirmation of the judiciary's commitment to uphold the law while considering public safety and the integrity of the legal system.
Bottom Line:
Parole cannot be granted to prisoners having pending criminal cases, as per Rule 1(4)(c) of the Uttar Pradesh (Suspension of Sentence of Prisoners) Rules, 2007.
Statutory provision(s): Sections 302, 34 IPC; Sections 432 CrPC; Uttar Pradesh (Suspension of Sentence of Prisoners) Rules, 2007, Rule 1(4)(c), Rule 3
Angad Yadav v. State of U.P., (Allahabad)(Lucknow)(DB) : Law Finder Doc id # 2869323
