Karnataka HC directs release of a convict on furlough for attending daughter’s nikaah
A convict has to keep in contact with the civil society although sporadically, so that his societal roots do not dry up when he languishes in the jail.
Parole
HIGH COURTS JULY 2023 WEEKLY ROUNDUP| Stories on Rights of HIV Patients; 2002 Godhra Riots; WB Teachers’ Recruitment Scam and many more| SCC Blog
A quick legal roundup to cover important stories from all High Courts this week.
COVID-19 Parole ends; Undertrial Prisoners/Convicts to return to prisons as Supreme Court directs them to surrender
The Supreme Court observed that the undertrial prisoners/convicts were not released on merits but were released only to prevent the spread of COVID-19 virus among prisoners in over-crowded prisons.
“Daughter’s wedding is an auspicious occasion, presence of bride’s father is most appropriate”; Kerala High Court grants parole to murder convict for attending daughter’s wedding
Kerala High Court was of the view that the opportunity to participate in the daughter’s wedding must ordinarily be treated as part of the liberty under Article 21 of Constitution of India.
Including parole period while determining 14 years’ actual imprisonment for premature release may lead to influential persons applying for multiple paroles: SC
Supreme court has upheld a decision by the Bombay High Court that the period of parole should be excluded from the period of the sentence when considering 14 years of actual imprisonment for the purpose of premature release of convicts.
Right to avail legal remedy in Supreme Court cannot be denied; Delhi High Court grants parole to rape convict
The Delhi High Court granted four weeks parole to a rape convict and held that right of a citizen to avail a legal remedy in the final court of country cannot be denied.
Writ under Art 226 maintainable for grant of extension of parole; Himachal Pradesh High Court dismissed petition under S. 482 CrPC
Himachal Pradesh High Court: Vivek Singh Thakur, J. dismissed the petition filed under Sec 482 Criminal Procedure Code (‘CrPC') for
Canada SC | Imposing consecutive 25-year parole ineligibility periods cruel and unusual by nature, cannot be justified in a free and democratic society
Supreme Court of Canada: A full bench comprising, Wagner C.J. and Moldaver, Karakatsanis, Côté, Brown, Rowe, Martin, Kasirer and Jamal JJ unanimously
Whether a Presidential order banning benefit of parole and remission in a mercy petition will create a blanket ban on benefit of furlough? Supreme Court examines
Supreme Court: In a landmark ruling, the Division Bench of Dinesh Maheshwari* and Aniruddha Bose, JJ., reversed Delhi High Court’s judgment holding
Raj HC reiterated “Right to Procreation survives during incarceration” and “is traceable and squarely falls within the ambit of Article 21 of our Constitution; Parole granted
Rajasthan High Court: The Division Bench of Farjand Ali and Sandeep Mehta, JJ. allowed the petition and granted parole after considering the
Alimony to Husband, Compassionate Appointment to Illegitimate Child, Marriage Expenses of Unmarried Daughters, Maternity Leave to Contractual Employees and much more| Read 11 Legal Stories of the Week
Interesting picks from this week’s legal stories from High Courts to District Courts Alimony Whether husband is entitled to claim alimony under
‘Furlough not a legal right’: Supreme Court explains difference between Parole and furlough
“Although furlough can be claimed without a reason, the prisoner does not have an absolute legal right to claim furlough.”
Raj HC | Primary objective of parole is to facilitate family ties being maintained and cannot be rejected on flimsy grounds
Rajasthan High Court: Mahendar Kumar Goyal, J. allowed the petition and sets aside the impugned order. The facts of the case are
P&H HC | “Sureties are petty farmers, having meager land holdings”; HC reduces penalty of Rs 2 lakh to Rs 5000
Punjab and Haryana High Court: Arvind Singh Sangwan, J., reduced the penalty of Rs 2 lakh to Rs 5000 considering old age
Chh HC | Parole granted to a female convict having committed offence under S. 302 IPC; Impugned order by District Magistrate set aside
Chhattisgarh High Court: Sanjay K Agrawal J., set aside the impugned order having no substantial reason for rejecting parole of a female
Madras HC | Whether women marrying life convicts are examined by SCW or NCW to ascertain as to whether willingness of marriage has been obtained from women? Court examines
Madras High Court: A Division Bench of N. Kirubakaran and P. Velmurugan, JJ., while addressing the present petition observed that, Court fails to
COVID-19| No prisoner shall be released without taking appropriate steps if he/she has suffered from coronavirus disease
Supreme Court: After the Court had, on March 23, 2020, directed each State/Union Territory to constitute a High Powered Committee to determine which
COVID-19| Ensure that prisoners released on parole are not left stranded due to lockdown: SC to Centre
Supreme Court: The bench of SA Bobde, CJ and L. Nageswara Rao, J has asked the Union of India to ensure that
P&H HC | Recent parole time is no ground to deny furlough to convict
Punjab and Haryana High Court: Rajiv Narain Raina, J. allowed the petition to grant furlough to the petitioner and quashed the impugned
P&H HC | Convicts cannot claim premature release as a matter of right if their cases are not squarely covered under the relevant Premature Release Policy
Punjab and Haryana High Court: Gurvinder Singh Gill, J. dismissed the petition on the grounds that the petitioner could be considered again