Asfaq vs State of Rajasthan - Supreme Court Important Judgment
Asfaq vs State of Rajasthan - Supreme Court Important Judgment 2017 -
On 11th September, 2017, in the case of Asfaq v. State of Rajasthan and Others [Civil Appeal No. 10464 of 2017], the parameters to be kept in mind while considering the request of a convict for a parole were discussed. It was held that mere nature of the offence committed by a convict “should not be a factor to deny the parole outrightly. Wherever a person convicted has suffered incarceration for a long time, he can be granted temporary parole, irrespective of the nature of offence for which he was sentenced.” However, it was also held that “in those cases where a person has been convicted for committing a serious office, the competent authority, while examining such cases, can be well advised to have stricter standards in mind while judging their cases on the parameters of good conduct, habitual offender or while judging whether he could be considered highly dangerous or prejudicial to the public peace and tranquillity etc.” Further, the Court observed that the 1955 Rules of the Central Government for grant of parole are skeleton in nature, and there is an imperative and immediate need for updating these Rules thereby including comprehensive provisions.