On Friday(9th August), The Punjab and Haryana High Court has lifted the ban on granting parole to Dera Chief Gurmeet Ram Rahim Singh, allowing the Haryana government to consider his release. This ruling follows a petition by the SGPC challenging the application of the Haryana Good Conduct Prisoners Act.
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CHANDIGARH: On Friday(9th August), The Punjab and Haryana High Court has ruled in favor of the Haryana government’s decision to potentially grant parole to Dera Sacha Sauda Chief, Gurmeet Ram Rahim Singh, who is serving multiple sentences for rape and murder. This decision lifted a previous restraint imposed by the court earlier this year, which had prohibited the state from granting parole to the controversial figure without its explicit permission.
The division bench comprising Chief Justice Sheel Nagu and Justice Anil Kshetarpal disposed of a petition filed by the Shiromani Gurudwara Prabandhak Committee (SGPC) in 2023. The petition challenged the alleged misuse of law concerning the temporary release of Gurmeet Ram Rahim Singh under the Haryana Good Conduct Prisoners (Temporary Release) Act, 2022.
The Court’s ruling is particularly noteworthy as it effectively clears the way for the state government to apply the 2022 Act to grant parole to the Dera Chief.
The Court stated-
“It is clear that the State of Haryana has correctly applied the 2022 Act in considering and deciding the parole application filed by respondent No. 9.”
This statement underscores the Court’s firm stance that the application of the Haryana Good Conduct Prisoners (Temporary Release) Act, 2022, in Ram Rahim’s case was appropriate, thereby rejecting arguments that the earlier 1988 Act should have been applied instead.
The Court also raised the point of whether it was necessary to delve into the merits of the case, especially since the 40-day parole granted to Ram Rahim had already expired in March 2023.
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The Court observed-
“Undoubtedly, respondent No. 9 has surrendered and is now imprisoned. Although the State of Haryana has provided data detailing various periods and dates of temporary release for respondent No. 9, this Court will not assess the validity of these releases as the challenge to Annexure P-1 has become irrelevant due to the expiration of the parole period granted under Annexure P-1.”
This statement reflects the Court’s position that since Ram Rahim had already returned to custody, there was no longer a need to examine the validity of the past parole decisions.
Looking forward, the Court addressed the potential for future parole applications by Ram Rahim.
It stated-
“This Court will also refrain from commenting on the potential for any breach of law and order or public order concerning the future temporary release of respondent No. 9, as such speculation would involve assumptions and presumptions.”
However, the Court did emphasize that any future applications for parole by the Dera Chief would need to be “strictly in accordance with the provisions of the Act of 2022 without the competent authority indulging in arbitrariness or favoritism or discrimination.” This instruction serves as a directive to ensure that the application of the law remains fair and unbiased.
According to the data presented earlier to the High Court, Ram Rahim was released for a cumulative total of 91 days in both 2022 and 2023. This repeated granting of parole has been a subject of considerable controversy, drawing criticism from various sectors.
Gurmeet Ram Rahim Singh, who once wielded significant influence as the leader of Dera Sacha Sauda, was first convicted in 2017 by a Panchkula court. He received two consecutive 10-year sentences for the rape of two women. His legal troubles escalated in 2019 when he was convicted in a conspiracy to commit murder, resulting in a life imprisonment sentence. Another life sentence was added in 2021 for his involvement in yet another murder case.
The Haryana government’s decisions to grant him temporary releases have been met with widespread public disapproval, with many questioning the motives behind these decisions.
In addition to the ruling on Ram Rahim’s parole, the High Court also addressed a separate matter regarding the creation of a digital application for the management of parole and furlough requests across Haryana’s districts. The Court ordered the registration of a separate Public Interest Litigation (PIL) to ensure the development of this digital application, stating-
“This Court, by order dated 13.10.2023, expanded the scope of this Public Interest Litigation to include the development of a digital app at the district level. This app will register all inmate applications for furlough/parole and provide updates on the grant process.”
This step toward digitization aims to bring greater transparency and efficiency to the parole process in Haryana, potentially reducing the chances of arbitrariness or favoritism in the granting of temporary releases.
