Court issues directives to ensure prompt processing of parole application for attending to ailing mother
In a significant directive aimed at ensuring the prompt processing of parole applications, the Punjab and Haryana High Court has issued orders concerning the parole request of Jagtar Singh Hawara, who is currently serving a life sentence. The petitioner sought parole to attend to his 81-year-old mother, whose health is rapidly deteriorating due to age-related disorders.
The Division Bench, comprising Mr. Vinod S. Bhardwaj and Ms. Sukhvinder Kaur, emphasized the need for clarity on the competence of authorities to decide parole applications. The Court directed the Superintendent of Central Jail No. 15, Mandoli, to forward Hawara's parole application to the Home Secretary of Union Territory, Chandigarh, for comments and recommendations within one week. The Chandigarh administration is further instructed to submit their comments within four weeks, with a final decision on the parole application to be made within two weeks thereafter.
This decision follows an error in communication between jail authorities and different state administrations, which led to confusion regarding the jurisdiction and authority responsible for processing the parole application. The case, originally investigated by the Central Bureau of Investigation and tried in Chandigarh, involves multiple convictions against Hawara, but he has completed sentences in all but the current case.
The Court reiterated the importance of adhering to statutory frameworks, such as the Punjab Good Conduct Prisoners (Temporary Release) Act, 1962, and applicable prison rules, ensuring that administrative delays do not hinder the timely consideration of parole applications. The judgment underscores the responsibility of various jurisdictions in coordinating efficiently to avoid procedural lapses.
The legal representatives for Hawara argued that he has spent 29 years in custody without any parole or remission, and his conduct in prison has been exemplary. They asserted that the decision should be made by the authorities in Chandigarh, where the case was registered and tried.
The judgment reflects the Court's commitment to safeguarding the rights of convicts while also respecting procedural norms and jurisdictional boundaries. It marks a significant step in ensuring timely and fair consideration of parole applications, especially when familial responsibilities, such as attending to ailing parents, are involved.
Bottom line:-
Parole application for attending to an ailing parent - Directions issued to ensure timely and proper consideration of parole application by the competent authorities.
Statutory provision(s): Article 226 of the Constitution of India, Bharatiya Nagarik Suraksha Sanhita, 2023 Section 528, Punjab Good Conduct Prisoners (Temporary Release) Act, 1962, Delhi Prison Rules, 2018
