Uttaranchal High Court: The Single Judge Bench comprising of V.K. Bist, J. disposed of a petition while giving certain directions in regard to granting of parole to be decided on a priority basis, before the application becomes infructuous.
In the present case, the facts of the case state that, the petitioner was languishing in jail and was convicted and completing his sentence for the offence committed. During the time petitioner was serving sentence, his father passed away. Petitioner had moved his application for custody parole before District Magistrate, Haridwar which was rejected and he was unable to attend the last rites of his father. Petitioner being the eldest son in his family had to perform the last rites of his father for which he again moved his application for parole to the District Magistrate, Haridwar, but yet again his application was rejected. Superintendent, District Jail had moved petitioner’s report to the District Magistrate, yet the parole of 6 hours to attend terahveen of his father was not accepted. Due to the stated action of the District Magistrate, Haridwar, petitioner sent his petition to the High Court.
The High Court, on noting petitioner’s grievance, stated that it is a pious duty of a son to give funeral fire to his parents and perform last rituals of his parents. If a son is deprived of this right, the mental agony suffered by him can nowhere be expressed in words. “The inhumane conduct of the then District Magistrate, Haridwar is condemned.”
Therefore, the Court while appreciating the petitioner’s concern about other detainees stated that when a detainee seeks parole or custody parole to perform some rituals to be performed on his part towards his family, the authority concerned should immediately take appropriate decision for grant of parole/ custody parole, depending on the facts of the case. In such a situation, the parole or custody parole should not be denied. [Raju v. State of Uttarakhand,2018 SCC OnLine Utt 924, order dated 24-10-2018]