Jyotsna Rewal Dua DECISION
Tarlok Singh Chauhan, J.
1. The petitioner has filed the instant petition for grant of the following substantive reliefs:
"i) Issue a writ of mandamus directing the respondents to release the petitioner on parole.
ii) Issue a writ of mandamus to call for the records pertaining to this case.
iii) Direct the Respondent Authorities to follow the proper procedure which they had earlier adopted while releasing the petitioner on parole."
2. The petitioner has been convicted for the offences punishable under Sections 302, 392, 328, 473, 34 IPC and has now sought parole.
3. The only ground taken by the respondents for rejecting the request of the petitioner for grant of parole is that even though the Local Panchayat has no objection for grant of parole, but the Local Police have not recommended the sanction of parole on the ground that the petitioner has been convicted for a serious and heinous offence.
4. Now the moot question is whether the request for grant of parole can be rejected only on the ground that the petitioner has been convicted for a serious and heinous offence.
5. It is more than settled that the grant of remission or parole is not a right vested with the prisoner. It is a privilege available to the prisoner on fulfilling certain conditions. This is a discretionary power which has to be exercised by the authorities conferred with such powers under the relevant rules/regulations. The Court cannot exercise these powers, though once the powers are exercised, the Court may hold that the exercise of powers is not in accordance with rules.
6. The Hon'ble Supreme Court has considered in detail the nature, object, purpose and parameters for grant of parole subject to which parole can be granted in Asfaq versus State of Rajasthan and others, MANU/SC/1182/2017 : (2017) 15 SCC 55, wherein it was observed as under:
"14. Furlough, on the other hand, is a brief release from the prison. It is conditional and is given in case of long term imprisonment. The period of sentence spent on furlough by the prisoners need not be undergone by him as is done in the case of parole. Furlough is granted as a good conduct remission.
15. A convict, literally speaking, must remain in jail for the period of sentence or for rest of his life in case he is a life convict. It is in this context that his release from jail for a short period has to be considered as an opportunity afforded to him not only to solve his personal and family problems but also to maintain his links with society. Convicts too must breathe fresh air for at least some time provided they maintain good conduct consistently during incarceration and show a tendency to reform themselves and become good citizens. Thus, redemption and rehabilitation of such prisoners for good of societies must receive due weightage while they are undergoing sentence of imprisonment.
16. This Court, through various pronouncements, has laid down the differences between parole and furlough, few of which are as under:
(i) Both parole and furlough are conditional release.
(ii) Parole can be granted in case of short term imprisonment whereas in furlough it is granted in case of long term imprisonment.
(iii) Duration of parole extends to one month whereas in the case of furlough it exten........