Rajasthan HC Orders District Parole Advisory Committee to Reconsider Asaram Bapu's Parole Application under 1958 Rules

This writ petition was filed by Asaram Bapu challenging the rejection of his parole application by the District Parole Advisory Committee, Jodhpur. The petition sought reconsideration of the application under the Rajasthan Prisoners Release on Parole Rules, 1958. The present judgment is rendered by the Rajasthan High Court after considering the facts, submissions, and relevant legal provisions.

Background

Asaram Bapu was arrested in 2013 on charges of raping a minor girl in Jodhpur's Manai village. The arrest was made based on a first information report (FIR) registered on August 20, 2013, under the Indian Penal Code (IPC), the Juvenile Justice Act (JJ Act), and the Protection of Children from Sexual Offences (POCSO) Act.

The petitioner was convicted and sentenced by the trial court in April 2018 under Sections 370(4), 342, 506, Section 376(2)(D)(F) IPC read with Section 23 of the Juvenile Justice Act, 2000.

Arguments and Contention

The petitione
r's counsel contended that Asaram Bapu's conviction and sentencing took place in 2018, three years prior to the introduction of the 2021 Parole Rules. Therefore, the parole application should be considered under the provisions of the Rajasthan Prisoners Release on Parole Rules, 1958.

The State's counsel, while opposing the writ petition, conceded that the petitioner's request for a 20-day parole should be evaluated in accordance with the regulations outlined in the 1958 Rules.

Decision

After considering the arguments and the legal provisions, the Bench held that the District Parole Advisory Committee, Jodhpur's decision to reject the petitioner's parole application under the 2021 Parole Rules was set aside.

The Court directed the respondents to reconsider the application filed by the petitioner for a 20-day parole afresh. The reconsideration should be conducted in accordance with the provisions of the Rajasthan Prisoners Release on Parole Rules, 1958, rather than the provisions of the 2021 Rules. The respondents were given a period of six weeks from the date of the production of the certified copy of this order to complete the reconsideration process.

Conclusion

The Rajasthan High Court, in this writ petition, directed the District Parole Advisory Committee, Jodhpur, to reconsider Asaram Bapu's application for a 20-day parole under the Rajasthan Prisoners Release on Parole Rules, 1958. The Court set aside the Committee's previous decision based on the 2021 Rules and emphasized that the reconsideration should be conducted in accordance with the 1958 Rules.