COVID-19 no more a ground for parole: Bombay High Court

Prisoners can no longer seek parole citing COVID-19, the Bombay High Court ruled last week. [Sachin Gabrel v. State of Maharashtra & Ors.].A bench of Justices VM Deshpande and Amit Borkar noted that amendments made to Rule 19 of the Maharashtra Prisons (Mumbai Furlough and Parole) Rules made it clear that inmates would no longer be eligible to be freed on emergency parole because of COVID-19. "The privilege of emergency parole on the ground of subsistence of Covid 19 pandemic will not be available to a prisoner as the very basis of conferring privilege on a Prisoner has been extinguished," the Court observed..The Court was hearing a plea by a convict who was granted emergency parole in 2019. While he was outside, another case came to be registered against him and his parole was cancelled. He then filed the present plea before the High Court challenging the order of cancellation of emergency parole. .Advocate SD Wankhede, for the petitioner, told the court that though during the pendency of petition, Rule 19(1) was substituted by new rules, the petitioner would be governed by rights available on the date of filing of the application. She, therefore, contended that substitution of Rule 19(1)(C) by new rules would not affect the rights of the Petitioner..Additional Public Prosecutor MK Pathan argued that the prisoner could not claim to be released on parole as a matter of right. He informed the court that the introduction of the rule of parole on the ground of the pandemic was a conditional legislation to reduce the overcrowding of prisoners to avoid the spread of Covid 19 pandemic.It was contended that the privilege conferred on the prisoners during the pandemic was no longer available in view of of the new rule, which did not provide any such privilege.He, therefore, submitted that no right was vested with the petitioner on the date of filing of the application..The Court noted that the newly introduced rule, announced by way a notification dated February 10, 2022, allowed jail authorities to release prisoners on emergency parole only on the grounds of death and marriage. It also provided for regular parole release on the grounds of serious illness, wife delivery, and natural calamities."On perusal of newly substituted Rule 19(1) would show that the intention of the Respondent No. 1 is clear that the prisoner is not entitled to be released on emergency parole on the ground of the Covid 19 pandemic," the Court said. Hence, the Court rejected the petition. .[Read order]