The right to perform the last rites of a parent is an essential religious and moral duty, and denial of parole to a convict to conduct the same would violate his fundamental right to life under Article 21 of the Constitution, the Delhi High Court recently observed [Ajmer Singh alias Pinka v The State of NCT of Delhi through SHO Kanjawala].  

Justice Ravinder Dudeja noted that even though the man seeking parole in the case was convicted for the serious offence of rape, denying parole on humanitarian grounds would defeat the underlying objective of parole jurisprudence. 

“The right to perform last rites of a parent is an essential religious and moral duty. Denial of parole in such circumstances would violate the petitioner’s right to dignity under Article 21 of the Constitution. The Court is mindful of the fact that the offence committed by the petitioner is of a grave and serious nature, but to deny parole in existence of a humanitarian ground would amount to a mechanical application of the Rules, defeating the very objective underlying parole jurisprudence,” the Court said. 

The Bench made the observation while granting four weeks of parole to a convict named Ajmer Singh alias Pinka, who is serving a 14-year sentence for rape. 

Singh had approached the High Court seeking two months of emergency parole to attend his father’s funeral and related rituals. 

After considering the case, the Court noted that Singh had not availed any parole or furlough earlier and that his jail conduct was recorded as satisfactory.

Therefore, Justice Dudeja released him on parole for four weeks. 

Advocates Rajbir Singh Bal and Sanstuti Mishra appeared for the petitioner.

Additional Standing Counsel (ASC) Amol Sinha appeared for the State. 

[Read Order]