- For the uninitiated, under the Indian judicial system, a convict can be released on parole only in case of contingencies mentioned in the code. Of course, it is a temporary release granted on account of contingency and after the period of parole is over, the convict must report back to prison to undergo the remaining part of his sentence. This is as simple as it can get while elucidating the tone and tenor of granting parole to convicts. We know that at the best of times, the Indian justice delivery system is bogged down by the monumental number of cases waiting to be heard/discharged. The large number of undertrials languishing in various jails across the country is worrying too. Also, the rate of conviction in cases is nothing to feel proud about.
PC: Los Angeles Times
- However, the way the law is being circumvented in granting parole to a particular convicted person defies not only the logic of uniformity expected to be accorded to every incarcerated person but also uninhibitedly showcases how the influence of the man in question pervades the administration. In other words, parole being bandied about as a political tool compromises a system meant to be used sparingly and for good reason. As we read, once again Gurmeet Ram Rahim is out on parole, a staggering 15th in four years. Yes, you read it right, the 15th Indeed, the Congress party objected, and the Election Commission received a petition against it. Interestingly, most of the cult head’s parole periods coincide with some or the other election.
- It could be Lok Sabha to municipality and panchayat, even bypolls, in Haryana, Punjab, and Rajasthan. The reason cited this time is a family matter. Here’s the funny thing. In conditions imposed to allow his release, the state seems to find his stated reason dubious. He cannot engage in political activity or visit Haryana where elections are on Saturday. Additionally, the state well knows these conditions would hardly stop anyone seeking to influence voters, as Ram Rahim is accused of doing. State poll body, the prison authority, and the Haryana government all enabled the parole. It’s pertinent to recall that in Feb, hearing a plea by SGPC against a 50-day release, Punjab & Haryana HC had restricted further parole without court consent.
PC: The Economic Times
- Yes, HC lifted this restriction in August as it disposed of the SGPC case. Mind you, parole is a conditional right. Frequent parole to people of influence is a problem. In 2023, SC observed that given the ease with which the influential get time out from jail, days of such release should be excluded from time served. Ram Rahim, sentenced to 20 years in 2017, has been out for over 250 days so far. Per SC’s logic then, and adding this time’s 20 days, over 270 days of parole shouldn’t be considered part of his sentence. Whether or not his political influence matters are absolutely not the point. The point to ponder over here is that the Haryana government is a repeat enabler when it comes to Ram Rahim’s parole. For a rape convict, that’s a godsend. Period.
