Supreme Court of India

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.
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Facts

  • A prisoner serving a life sentence under TADA applied for parole under the Rajasthan Prisoners Release on Parole Rules, and was refused.

Issue

  1. 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.

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Citation

Asfaq v State of Rajasthan (2017) 15 SCC 55

Reported: https://indiankanoon.org/doc/123417576/. This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.