Gurmeet Ram Rahim, the head of Dera Sacha Sauda and a convict in rape and murder cases, has approached the Punjab and Haryana High Court seeking a 21-day furlough under the Haryana Good Conduct Prisoner (Temporary Release) Act, 2022. This Act allows eligible convicts to be granted 70 days of parole and 21 days of furlough each year. Ram Rahim, currently imprisoned in Rohtak jail, argues that he needs to undertake welfare activities led by his sect and has not misused previous paroles or furloughs. Despite a high court order requiring state permission for any further parole requests, he claims his application has not been considered. The high court is set to hear his plea on July 2. The SGPC has filed a public interest litigation against his frequent temporary releases.

Also Read- Parole Furlough High Court Chandigarh Lawyer Online Advice

In CRWP 1350 of 2000 Phool Kumar vs State of Haryana & Ors vide order dated 25.4.2022 , government has been directed for timely disposal of Furlough/Parole cases. The communication in this regard has also been sent to secretaries of the state.

Also Read- District-Level Digital App For Prisoners’ Furlough/Parole Applications & Process Updates: P&H High Court Seeks Inputs From States, UT Admin

High Court has issued directions for state government to follow humanistic approach while considering these applications so as to reduce the burden of the court.

Section 3(1) (c), Section 2(c) and Section 6 of the Haryana Good Conduct Prisoners (Temporary Release) Act, 1988 is being followed with DC for permissions.

Before granting permission, reports from SHO, SDM, SP office of the district are called in.

The main reason for denial is always been the apprehension of breach of peace and accused fleeing the custody.

Also Read- Furlough part of penal reform, criminal doesn’t cease to be  Human Being

CRM M- 34013 of 2009 Varun @Gullu vs Haryana decided on 26.4.2010 has reiterated that furlough/Parole are statutory benefits and can’t be denied on vague apprehensions not build on any supporting contentions. Division bench in Ram Chander vs Punjab 2017 (3) RCR (Criminal) 340 covers the same concept.

Same concept elucidated in Asfaq vs Rajasthan & Ors 2017 (15) SCC 55 by Supreme Court of following humanistic approach.

You can also read the judgments on IndianKanoon.Org

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