Home / Editorial

Constitutional Law

Parole

    «    »
 06-Jun-2024

Source: Indian Express

Introduction

Recent Lok Sabha elections has brought unfolded a captivating story, characterized by the unexpected wins of Amritpal Singh and Sheikh Abdul Rashid, despite their incarceration and legal challenges their electoral triumphs highlight the complexities within Indian democracy. However, their inability to engage in legislative affairs due to legal restrictions challenges their roles as Members of Parliament (MP). Nevertheless, their right to assume office presents a unique quandary for the forthcoming 18th Lok Sabha.

What are the Instances of Past Related to Elected Candidates Being Released on Parole for Oath-Taking?

  • George Fernandes won an iconic election victory from prison during the Emergency in 1977, representing the Muzaffarpur seat while in jail during the Emergency. He was released before the oath ceremony.
  • Sanjay Singh, a leader, being imprisoned on money laundering charges was granted court permission to take oath as a Rajya Sabha MP in Tihar Jail. He was escorted to Parliament with tight security measures.
  • In 2021, Akhil Gogoi, after winning from Sibsagar, Assam, was temporarily allowed to leave prison by an NIA court to take oath as a member of the Assam Legislative Assembly.

What is Parole?

  • About:
    • Parole is the temporary release of a prisoner who agrees to certain conditions before their sentence is finished.
    • Parole is defined as a conditional release of a prisoner, generally under supervision of a parole officer, who has served part of the term for which he was sentenced to prison.
    • These conditions often include regular check-ins with a parole officer, maintaining employment or attending educational programs, and refraining from criminal activity.
    • Parole is typically granted based on factors such as good behavior, the nature of the crime, and the potential for rehabilitation.
    • It allows individuals to reintegrate into society gradually while still under supervision.
    • Violating the terms of parole can result in the individual being sent back to prison to serve the remainder of their sentence.
  • Objective of Parole:
    • Facilitating the maintenance of familial ties and addressing family-related matters for the prisoner.
    • Mitigating the adverse impacts of prolonged incarceration on the prisoner's well-being.
    • Fostering the enhancement of the prisoner's self-confidence.
    • Cultivating positive outlooks and engendering active engagement with life for the prisoner.
  • Types of Parole:
    • Custody Parole:
      • It is provided in emergency situations.
      • Except for foreigners and those serving death sentences, all convicted persons may be eligible for this parole for 14 days for reasons such as the death or marriage of a family member.
    • Regular Parole:
      • Offenders who have served at least one year in prison are eligible for regular parole for a maximum of one month.
      • It is allotted on certain grounds like marriage, accident, death, illness in a family or delivery of child etc.

What is Legal Provision Involved in Parole?

  • The grant of parole falls under the purview of rules established under the Prison Act, 1894, and the Prison Act, 1900.
  • Various state governments have formulated guidelines to ensure objectivity and facilitate decision-making regarding the granting of parole in specific cases.
  • These decisions are made in accordance with the guidelines framed periodically.
  • For instance, in Maharashtra, the Prisons (Bombay Furlough and Parole) Rules, 1959, have been enacted under the rule-making power conferred by Section 59(5) of the Prisons Act, 1984.
  • These rules provide a framework for the administration and regulation of parole in the state.
  • Sunil Fulchand Shah v. Union of India, 2000, emphasized that “parole does not amount to suspension of sentence”.
    • This observation underscores that parole cannot be equated with the suspension of a sentence as outlined in Section 432 of the Criminal Procedure Code.

What are the Differences between Bail and Parole?

  • In Indian law, parole and bail are distinct legal concepts with different purposes and implications:
Aspect Parole Bail
Definition Parole entails a conditional release from prison prior to serving the full sentence, contingent upon maintaining good conduct. Bail involves the provisional release of an accused individual awaiting trial, often subject to the provision of security or a bond.
Purpose To facilitate the rehabilitation or reintegration of long-term inmates into society, parole is granted Bail ensures the appearance of the accused in court while permitting them to continue their normal life until trial.
Eligibility Typically granted to long-term prisoners with a record of good conduct, parole is not accessible for individuals convicted of severe offenses like murder or rape. Bail is generally available to most accused individuals, except in cases involving serious crimes or where there's a risk of flight or danger posed by the accused.
Duration Granted by either the prison authorities or the court, depending on the jurisdiction. Granted by the court.
Conditions Conditions of parole may entail regular reporting to the police, abstaining from illegal activities, and occasionally remaining within a designated area. Conditions of bail typically involve attending court hearings regularly, refraining from criminal conduct, and sometimes restrictions on travel or placement under house arrest.
  • while both parole and bail involve temporary release from custody, they serve different purposes and are granted under different circumstances in Indian law.
  • Parole is for individuals already serving a sentence, aiming at rehabilitation and reintegration, while bail is for those awaiting trial, ensuring their presence at legal proceedings.
  • Being allowed to take an oath while still in custody is indeed a special circumstance, akin to a temporary release or special parole for the purpose of fulfilling official duties.
    • It doesn't equate to being released on bail, as the individual remains in custody except for the specific event or activity for which they are granted permission to leave.

What is Article 101(4) of Indian Constitution, 1950?

  • Article 101 of Indian Constitution, 1950 deals with vacation of seats.
  • Article 101(4) state that If for a period of sixty days a member of either House of Parliament is without permission of the House absent from all meetings thereof, the House may declare his seat vacant:
    • Provided that in computing the said period of sixty days no account shall be taken of any period during which the House is prorogued or is adjourned for more than four consecutive days.
  • Being permitted to take the oath of office isn't equivalent to being granted bail. It's more like a specific day's parole.
  • The imprisoned lawmaker must subsequently notify the Speaker in writing of their inability to attend the proceedings.
  • This is crucial because Article 101(4) of the Constitution stipulates that if an MP is absent from all meetings for over 60 days without permission, their seat will be declared vacant.

Conclusion

The instances of elected candidates being released on parole for oath-taking underscore the intersection of law, democracy, and individual rights, showcasing the adaptability of the legal system to ensure representation even under unconventional circumstances. Parole serves as a mechanism for balancing rehabilitation with public safety concerns, allowing for the gradual reintegration of individuals into society while still under supervision.