Gurmeet Ram Rahim's Parole to Follow 2022 Act, No Favoritism Allowed: Punjab & Haryana HC [Read Petition]

Punjab: The Punjab & Haryana High Court has delivered a significant judgment regarding the process for considering parole applications of Dera Sacha Sauda chief Gurmeet Ram Rahim Singh.

A division bench of Chief Justice Sheel Nagu and Justice Anil Kshetarpal, while disposing of a public interest litigation, made important observations on the applicability of laws for granting parole to the Dera chief.

The court noted that the Haryana Good Conduct of Prisoners (Temporary Release) Act, 2022, would apply to all parole applications filed on or after April 11, 2022, when the Act came into force. It rejected arguments that the earlier 1988 Act should apply.

Addressing future parole applications by the Dera chief, the court observed, “This Court would like to observe that in case any application is made by respondent No.9 for temporary release, the same shall be considered strictly in accordance with the provisions of the Act of 2022, without the competent authority indulging in arbitrariness, favoritism, or discrimination.”

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The court emphasized that the 2022 Act governs the process of conditional temporary release of prisoners for good conduct. It stated that the Act would apply to all applications made by prisoners seeking parole/furlough after it came into operation, regardless of when the offense or conviction occurred.

Regarding the specific order granting 40 days of parole in January 2023, the court refrained from examining its merits as the parole period had already expired. However, it directed that any future applications be decided per the 2022 Act.

The court also ordered the creation of a separate PIL to examine the implementation of a digital app for registering and tracking parole applications at the district level.

In conclusion, the court disposed of the petition with the directive that competent authorities must pass appropriate orders on any future parole applications by the Dera chief within the framework of the 2022 Act, without any arbitrariness or favoritism.

[Read Petition]