The Delhi High Court granted parole to a rape convict, Ajmer Singh, allowing him to perform his father’s last rites. The Court observed that denying parole on humanitarian grounds would violate the prisoner’s right to life and dignity under Article 21.
New Delhi: The Delhi High Court recently held that the right to perform the last rites of a parent is an essential religious and moral duty. The Court observed that denying a convict parole to attend such rites would violate his fundamental right to life and dignity under Article 21 of the Constitution.
Justice Ravinder Dudeja, who presided over the case, noted that even though the petitioner was convicted of a serious offence like rape, refusing parole on humanitarian grounds would go against the very purpose of parole laws.
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The court said,
“The right to perform last rites of a parent is an essential religious and moral duty. Denial of parole in such circumstances would violate the petitioner’s right to dignity under Article 21 of the Constitution. The Court is mindful of the fact that the offence committed by the petitioner is of a grave and serious nature, but to deny parole in existence of a humanitarian ground would amount to a mechanical application of the Rules, defeating the very objective underlying parole jurisprudence,”
The bench’s remarks came while granting four weeks of parole to Ajmer Singh alias Pinka, who is serving a 14-year jail sentence for rape.
Singh had approached the High Court requesting two months of emergency parole to attend his father’s funeral and conduct related rituals.
After examining the case, the Court highlighted that Singh had never availed parole or furlough previously, and his conduct in jail was recorded as satisfactory. Considering these factors, Justice Dudeja allowed him parole for a period of four weeks, ensuring that he could fulfill his familial and religious duties.
Advocates Rajbir Singh Bal and Sanstuti Mishra represented the petitioner, while Additional Standing Counsel (ASC) Amol Sinha appeared for the State.
This decision reaffirms that humanitarian considerations and fundamental rights play a critical role in parole decisions, even in cases involving serious crimes.
By granting parole on moral and religious grounds, the Delhi High Court underlined the importance of balancing legal punishment with humane treatment and constitutional rights.
Case Title:
Ajmer Singh alias Pinka v The State of NCT of Delhi through SHO Kanjawala
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