Parole for Jaish Terrorist to Visit Jammu & Kashmir: Delhi HC Rejects, Grants Video Call with Parents

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The Delhi High Court rejected the parole application of Feroz Ahmed Bhatt, a convicted terrorist, considering the potential threats to security and the gravity of his offense. While the court acknowledged his desire to meet his parents and get married, it deemed the risks associated with his release on parole 

NEW DELHI: On May 3: The Delhi High Court rejected the parole request of Feroz Ahmed Bhatt, a convicted terrorist associated with the Jaish-e-Mohammed (JeM) terrorist group. Bhatt, who has been serving a life sentence for over 20 years, had sought parole to visit his parents and get married in Jammu and Kashmir.

However, the court expressed concerns about the potential security risks associated with his presence in the region. Instead, it ordered the jail superintendent to arrange a video call between Bhatt and his parents as a means of providing emotional solace.

Justice Swarana Kanta Sharma of the Delhi High Court denied Feroz Ahmed Bhatt’s parole application, citing the seriousness of his heinous offense and the potential threat to larger security interests. The court acknowledged the petitioner’s desire to meet his parents and get married but highlighted the risks involved in granting parole.

It pointed out that one of Bhatt’s co-accused had joined a terrorist organization after being released on parole and was subsequently neutralized in an encounter with security forces. Considering these factors, the court deemed it inappropriate to grant parole in this case.

“This may to some extent bring solace to him as a son that he could see his parents and speak to them, even if virtually,” Justice Swarana Kanta Sharma said.

“This court is of the opinion that the factum of the petitioner being convicted in a heinous offence and there being an actual apprehension regarding his presence in the area being detrimental to the larger security interest, coupled with the fact that one of his co-accused had again joined a terrorist organisation after being released on parole and was later neutralised in an encounter, are the factors which would come in the path of the petitioner’s application for parole. “Therefore, considering the aforesaid facts and circumstances, this court does not find it a fit case for grant of parole,” the judge said.

Although the parole request was denied, the court recognized the emotional significance of Bhatt’s desire to see his parents. As a result, the court directed the jail superintendent to facilitate a one-time video call between Bhatt and his parents. This virtual interaction would offer a degree of solace to the petitioner, enabling him to see and speak to his parents, albeit remotely.

Bhatt’s counsel argued that he had been in judicial custody for more than two decades and wished to get married. The counsel emphasized that Bhatt’s elderly parents were actively searching for a suitable bride for him, hence the plea for parole.

However, the state’s counsel opposed the request, highlighting the gravity of offenses related to terrorism and the country’s security concerns. The opposition counsel cited a previous incident wherein a co-accused who had been granted parole absconded and rejoined a terrorist organization.

The court observed that Rule 1211 of the Delhi Prison Rules stipulates that individuals convicted of sedition and terrorist activities should not ordinarily be granted parole, except in special circumstances and at the discretion of the competent authority.

The court also took into account a report from the Avantipura Police in Jammu and Kashmir, which expressed reasonable apprehension that Bhatt might abscond and join terrorist ranks if released on parole. The report further emphasized that his release could have adverse implications for the overall security situation in the area.

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Minakshi Bindhani

LL.M( Criminal Law)| BA.LL.B (Hons)

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