Punjab and Haryana High Court disposes of SGPC petition on Dera Chief release
In a significant development, the Punjab and Haryana High Court has disposed of the petition filed by the Shiromani Gurdwara Parbandhak Committee (SGPC) challenging the temporary release of Dera Sacha Sauda chief, Ram Rahim. The court’s ruling emphasized that the plea for temporary release should be evaluated by the competent authority without any “arbitrariness or favoritism.” This decision follows a series of hearings and legal deliberations aimed at ensuring fairness and justice in the parole process.
The SGPC, the apex gurdwara body, filed the petition against the temporary release of Ram Rahim, the head of the Sirsa-based Dera Sacha Sauda sect. The petition highlighted the serious nature of the crimes committed by Ram Rahim, including rape and murder, and argued that his release could jeopardize public order and the sovereignty and integrity of India. Ram Rahim, serving a 20-year sentence for raping two disciples, had sought a 21-day furlough in June.
The Bench of Chief Justice Sheel Nagu and Justice Anil Kshetarpal reserved its order after hearing arguments from all parties involved. The SGPC contended that the Haryana Good Conduct Prisoners (Temporary Release) Act, 1988, rather than the Act of 2022, should have been applied in granting parole. They argued that the newer legislation might not adequately address the complexities of Ram Rahim’s case, given his multiple serious convictions.
In its ruling, the court rejected the SGPC’s contention, clarifying that the Act of 2022 governs the process for conditional temporary release of prisoners for good conduct. The court stated that the object of the Act of 2022 is to facilitate temporary release for prisoners demonstrating good behavior, through furlough or parole. The competent authority for considering such applications in Ram Rahim’s case is the divisional commissioner of police.
The court also addressed concerns about potential breaches of law and order due to Ram Rahim’s release. It emphasized that any application for temporary release must be considered strictly according to the Act of 2022, without arbitrariness, favoritism, or discrimination. This ensures that decisions are made based on established legal criteria rather than subjective judgments.
Ram Rahim was convicted in 2017 for raping two disciples and sentenced to 20 years in prison. Additionally, in 2019, he and three others were convicted for the murder of a journalist over 16 years prior. Earlier in 2022, the high court acquitted Ram Rahim and four others in the 2002 murder of the sect’s former manager, Ranjit Singh, due to flawed investigations. Despite these serious convictions, Ram Rahim was granted a 50-day parole in January 2023, which prompted significant public and legal scrutiny.
The court’s decision to dispose of the SGPC’s petition with a directive to consider future applications strictly within the legal framework has several implications. It underscores the importance of procedural integrity in the parole process, ensuring that decisions are made transparently and fairly. The ruling also highlights the judiciary’s role in balancing legal provisions with public safety and order.
This decision sets a precedent for how temporary release applications for high-profile prisoners are handled, emphasizing adherence to legal standards over public or political pressures. It reassures the public that the judicial system can navigate complex cases involving serious offenses while upholding principles of justice and fairness.
Looking ahead, the competent authority’s handling of any future applications for Ram Rahim’s temporary release will be closely monitored. The court’s clear instructions aim to prevent any perception of bias or favoritism, ensuring that the law is applied consistently. This case also serves as a reminder of the ongoing challenges in balancing prisoner rights with public safety, especially in cases involving high-profile figures with significant followings.
The Punjab and Haryana High Court’s ruling reflects a commitment to upholding the rule of law and ensuring that justice is served without prejudice. As legal proceedings continue, the focus will remain on maintaining transparency and fairness in the parole process for all prisoners, regardless of their status or notoriety.
The Punjab and Haryana High Court’s decision to dispose of the SGPC’s petition with a directive to ensure fair and unbiased consideration of temporary release applications marks a significant step in upholding judicial integrity. By emphasizing adherence to the Haryana Good Conduct Prisoners (Temporary Release) Act, 2022, the court has reinforced the importance of procedural fairness in the parole process. This ruling not only impacts the immediate case of Ram Rahim but also sets a precedent for future cases, ensuring that justice is administered transparently and without prejudice.
What was the SGPC’s petition about?
The SGPC’s petition challenged the temporary release of Dera Sacha Sauda chief Ram Rahim, citing concerns over public order and the severity of his crimes.
What did the Punjab and Haryana High Court decide?
The court disposed of the SGPC’s petition, emphasizing that any application for temporary release should be considered by the competent authority without arbitrariness or favoritism, according to the Haryana Good Conduct Prisoners (Temporary Release) Act, 2022.
What crimes was Ram Rahim convicted of?
Ram Rahim was convicted in 2017 for raping two disciples and in 2019 for the murder of a journalist. He was serving a 20-year sentence for these crimes.
What is the significance of the Act of 2022?
The Act of 2022 governs the process for conditional temporary release of prisoners for good conduct, outlining the procedures and criteria for granting parole or furlough.
How does this ruling impact future parole applications?
The ruling sets a precedent for how parole applications, especially for high-profile prisoners, should be handled, ensuring decisions are made transparently and fairly within the legal framework.
What are the broader implications of this decision?
The decision reinforces the judiciary’s commitment to upholding the rule of law and ensuring that justice is served without prejudice, balancing prisoner rights with public safety.
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