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March 15, 2010
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Delhi government pulled up for discrimination in parole
11/20/2009 7:39:00 PM

New Delhi, Nov 20 (IANS) The Delhi High Court Friday pulled up the state government for adopting a discriminatory attitude towards some convicts, allowing them parole easily and quickly while applications of others are kept pending for months.

Citing the case of Manu Sharma, convicted in the Jessica Lall murder case, Justice Kailash Gambhir said: 'The report by the government depicts a dismal picture, clearly stating that the government is giving least priority to parole applications of convicts.
'

The court was surprised to notice that the parole plea of Manu Sharma, who cited his mother's illness but was spotted in a nightclub of a hotel in the city, was allowed in just 20 days of receiving it while pleas of other convicts take more than six months in normal course.

'It seems that only influential people with high connections get out of the jail easily. The home department has given selective treatment to some convicts,' the court said while asking the government to start deciding on the parole pleas and file a compliance report by Dec 21.

The government's affidavit said that of the applications received from 372 prisoners between Jan 1 and Nov 18 this year, 72 were granted parole, 98 pleas were pending and the rest were rejected.

Citing the case of 65-year-old Ravi Prakash whose parole plea is pending for over three months, the court said: 'The government cannot sit over parole applications. Law is equal for everyone. Marriage, health and filing of appeals are valid points for granting parole.'

Observing that grant of parole is a 'necessity of criminal judicial system', the court said no one should be deprived of it and asked police and the government to decide on the pending pleas, in which the police verification has been completed, in the next ten days.

The court was hearing the plea of constable Sumer Singh, who is undergoing life imprisonment for his involvement in the Connaught Place shoot-out case. He has sought parole to be able to arrange funds for filing an appeal in the apex court challenging his conviction.

Singh has pleaded that he needs three months' parole as he has to arrange funds for filing an appeal in the apex court as no one in his family is educated enough to arrange for legal help.

The court earlier expressed its deep concern over the pending parole pleas of several convicts in Tihar jail, who in their letter to the court had complained of the unnecessary delays in clearing their applications.

As per law, a prisoner can get parole for various reasons - to visit a dying or sick family member, building a house or to repair a badly damaged home, among others.

The official process on a parole application starts with its verification by police and the plea to be finally cleared, in case of Delhi by the Lieutenant Governor.

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