Summary
The Court held that conviction for a heinous offence and prior Supreme Court affirmation of conviction did not themselves bar parole consideration by the High Court. Parole decisions must balance rehabilitation and family ties against concrete public-safety risks. It nevertheless dismissed this life convict’s appeal because the adverse reports addressed relevant risks, while permitting a later renewed request if circumstances improved.
Issues
- Whether the nature of the conviction alone justified refusal of parole.
- Whether the High Court could decline consideration because the Supreme Court had upheld conviction.
- Whether the adverse reports justified refusal in this case.
Held
- Serious or heinous conviction is not by itself a ground to reject parole, and Supreme Court affirmation of conviction does not displace the High Court’s responsibility to consider a distinct parole request. The High Court’s stated reasons were legally inappropriate. (¶ 7)
- Temporary release supports reformation, rehabilitation and maintenance of family and social ties. These interests must be balanced against repeat-offending risks, danger and public order; individual conduct and prospects of reform matter. A single grave offence does not automatically make its perpetrator a habitual hardened criminal, although stricter scrutiny may be appropriate. (¶ 12–21)
- The Court stressed the need to update the skeletal Central Government parole rules of 1955 with comprehensive guidance and directed that its judgment be sent to the Ministry of Law and Justice for that purpose. (¶ 23)
- The reports identified possible intimidation or harm to witnesses, public disorder and risks to the appellant himself. Those were relevant considerations, making this an unsuitable case for parole at that stage despite satisfactory prison conduct. (¶ 25–28)
- A renewed request could be considered after some time, rather than in the immediate future, if the prevailing atmosphere improved, in accordance with the principles stated. (¶ 28)
Result
Appeal dismissed; parole refused at that stage, with scope for a later renewed application on improved circumstances.