Asfaq v State of Rajasthan
(2017) 15 SCC 5520171 min read
The case in brief30-second read
- Facts
- A prisoner serving a life sentence under TADA applied for parole under the Rajasthan Prisoners Release on Parole Rules, and was refused.
- Issue
- The nature of parole and furlough, and the principles governing their grant.
- Held
- Parole and furlough are humane and reformative measures, but must be balanced against public safety, the risk of reoffending and harm to others. A serious conviction alone does not justify automatic refusal; the authority must assess conduct and reform. On adverse reports showing a threat to witnesses and public peace, the refusal of parole was upheld, and the Court urged updating of the parole rules.
- Principle
- Parole and furlough are different; neither may be refused arbitrarily.
Facts
- A prisoner serving a life sentence under TADA applied for parole under the Rajasthan Prisoners Release on Parole Rules, and was refused.
Issue
- The nature of parole and furlough, and the principles governing their grant.
Held
- Parole and furlough are humane and reformative measures, but must be balanced against public safety, the risk of reoffending and harm to others. A serious conviction alone does not justify automatic refusal; the authority must assess conduct and reform. On adverse reports showing a threat to witnesses and public peace, the refusal of parole was upheld, and the Court urged updating of the parole rules.
Cite this
Citation
Asfaq v State of Rajasthan (2017) 15 SCC 55Reported: https://indiankanoon.org/doc/123417576/. This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.