Dera Chief Seeks Parole Ahead of Haryana Polls

• 30 Sep 2024

Why in News?

Recently, Dera Sacha Sauda chief has sought a 20-day parole ahead of the Haryana Assembly elections, sparking questions due to the electoral context.

Key Points

• Parole Request:
  • Dera Sacha Sauda chief, serving a 20-year sentence for the rape of two female disciples, has requested a 20-day parole ahead of the Haryana Assembly elections scheduled for 5^th October, 2024.
  • The Dera chief was granted a 21-day furlough on 13^th August, 2024, to stay at his Dera in Baghpat, Uttar Pradesh.
  • His request has been forwarded by the state government to the Chief Electoral Officer (CEO) for consultation, as the model code of conduct is in effect for the elections.
  • The CEO has asked the Haryana government to provide emergent and compelling circumstances justifying the parole request during the election period.
  • Election Commission guidelines do not mandate approval for parole but require consultation with the CEO in exceptional cases during the election period.
• Previous High Court Challenges:
  • The Dera chief’s repeated paroles and furloughs have been challenged in the Punjab and Haryana High Court.
  • In August 2024, his release on furlough was contested by the Shiromani Gurdwara Parbandhak Committee (SGPC), but the court dismissed the plea, leaving the decision to the Haryana prisons department.
  • The High Court emphasized the need for decisions on such matters to be made without "arbitrariness or favouritism."

Parole and Furlough

• Parole:
  • It is a system of releasing a prisoner with suspension of the sentence.
    • The release is conditional, usually subject to behavior, and requires periodic reporting to the authorities for a set period of time
  • Parole is not a right, and is given to a prisoner for a specific reason, such as a death in the family or a wedding of a blood relative
  • It may be denied to a prisoner even when he makes out a sufficient case, if the competent authority is satisfied that releasing the convict would not be in the interest of society.
• Furlough:
  • It is similar to parole, but with some significant differences. It is given in cases of long-term imprisonment.
  • The period of furlough granted to a prisoner is treated as remission of his sentence.
  • Unlike parole, furlough is seen as a matter of right for a prisoner, to be granted periodically irrespective of any reason, and merely to enable the prisoner to retain family and social ties, and to counter the ill-effects of prolonged time spent in prison.