Parole Is A Reformative Process; Cannot Be Denied On Apprehension Of Absconding: P&H HC

The Calcutta High Court has reiterated that parole is “reformative process” and the same cannot be denied to a convict merely on apprehensions that he shall abscond or commit further offences.
“It cannot be disputed that the purpose of release is to make sure that the prisoner as such meets with his family members and the general public. It is a reformative process, whereby a convict is reintroduced to normal life and, thus, by declining the said benefit on an application… would come within the vice of irrationality and perversity, in spite of the settled position of law,” observed the Bench of Justice GS Sandhawalia. The Court further clarified that in terms of Rule 3(2) of Punjab Good Conduct Prisoners (Temporary Release) Rules, 1963, release of a prisoner on parole can be declined only in case his release is likely to “endanger the security of the State” or “the maintenance of public order”.It held that mere ‘likelihood of committing a crime’ while on parole would not be a sufficient ground to decline temporary release on parole.