Denial Of Parole To Perform Parent's Last Rites Violates Article 21: Delhi High Court

The Delhi High Court has observed that the right to perform last rites of a parent is an essential religious and moral duty and denial of parole in such a case violates a convict's right to dignity under Article 21 of the Constitution of India.Justice Ravinder Dudeja granted four weeks parole to a man convicted in a rape case registered in 2018. He was sentenced to undergo rigorous imprisonment of 14 years, along with fine of Rs. 1,70,000. He is lodged in Tihar Jail.The convict, Ajmer Singh, sought two months of emergency parole to enable him to perform the last rites of his father who died on September 19 due to heart attack. It was his case that he had undergone incarceration of about 01 year and 09 months 15 days, excluding remission, out of the sentence awarded to him. His counsel said that the convict was the eldest son and was required to perform the last rites and customary rituals of his father. It was submitted that the convict had not availed any spell of parole or furlough during his incarceration and that his jail conduct as per the Nominal Roll was “Satisfactory”.Granting relief to the convict, the Court It said that parole is an established facet aimed at enabling a convict to maintain family and social ties and to discharge essential obligations. “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,” it said. Justice Dudeja said that while he was mindful of the fact that the offence committed by the convict was 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. “Accordingly, the petition is allowed and the petitioner is directed to be released on parole for a period of 04 weeks from the date of release…,” the Court ordered.Title: AJMER SINGH ALIAS PINKA v. THE STATE OF NCT OF DELHI THROUGH SHO KANJAWALACitation: 2025 LiveLaw (Del) 1225Click here to read order

Denial Of Parole To Perform Parent's Last Rites Violates Article 21: Delhi High Court

Nupur Thapliyal

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