Delhi High Court Upholds Dignity in Parole Ruling

The Delhi High Court has reaffirmed that the right to perform the last rites of a parent forms part of the right to dignity under Article 21 of the Constitution. The Court held that mechanical denial of parole in such circumstances would violate a convict’s fundamental rights. The ruling came in a petition seeking emergency parole to attend the “Tehravi” ceremony of the petitioner’s deceased father.

Petition Under Article 226 and BNSS

The plea was filed under Article 226 of the Constitution read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Justice Ravinder Dudeja, in Ajmer Singh alias Pinka v. State of NCT of Delhi, granted four weeks’ parole to enable the petitioner to perform the final rites of his father, who had died of a heart attack.

The petitioner, convicted in 2018 under Sections 376, 354B and 506 of the IPC and Section 66E of the IT Act, is serving a 14-year sentence, with all sentences running concurrently. At the time of filing the petition, he had undergone over one year and nine months of imprisonment. Jail records described his conduct as satisfactory, and he had not previously availed parole or furlough.

State’s Objection and Rule 1212

The State opposed the request for two months’ parole, citing Rule 1212 of the Delhi Prison Rules, 2018. The Rule permits parole up to eight weeks in a conviction year, but not more than four weeks in a single spell. The State, however, verified the father’s death and acknowledged that limited parole could be considered on humanitarian grounds.

Right to Dignity and Humanitarian Jurisprudence

The Court emphasised that parole is rooted in correctional and reformative principles. It observed that maintaining family ties is integral to rehabilitation. The right to perform last rites was described as an essential religious and moral duty. Denial in verified humanitarian circumstances would infringe the dignity guaranteed under Article 21.

Important Facts for Exams

• Article 21 guarantees the right to life and personal liberty, including dignity.
• Article 226 empowers High Courts to issue writs for enforcement of rights.
• Delhi Prison Rules, 2018 regulate parole and furlough in the National Capital Territory.
• Bharatiya Nagarik Suraksha Sanhita, 2023 replaced the Code of Criminal Procedure, 1973.

Conditional Relief and Balancing of Interests

Balancing the gravity of the offence with the urgency of the humanitarian ground, the Court granted four weeks’ parole subject to strict conditions. These included furnishing a personal bond of ₹20,000 with surety, weekly reporting to the local SHO, remaining within jurisdiction, and refraining from influencing witnesses. The Court clarified that any breach would result in immediate cancellation. The ruling reiterates that constitutional dignity endures even within prison walls.