On Thursday, the Apex Court of India stayed a Gujarat High Court order granting two-week parole to rape convict Narayan Sai, son of self-styled godman Asaram Bapu, who is also serving a sentence of life term imprisonment in Rajasthan for another rape case.
However, the Supreme court said it needed to examine whether the rules allowed the annual parole based on the calendar year or 12 months after the last one was granted to a prisoner.
A bench of Justice D.Y. Chandrachud and Justice M.R. Shah issued a notice to Narayan Sai on the Gujarat government’s plea challenging the High court’s single judge order and staying it until further orders.
Solicitor general of India Tushar Mehta, appearing for the Gujarat government, said the single judge order of 24th June 2021 granted parole to Sai for two weeks. Still, the division bench had stayed until 13th August, and therefore the state had moved the top court challenging the 24th June order.
The bench pointed out that under the Bombay Furlough and Parole Rules, which is also applicable in Gujarat, a prisoner could be granted parole once every year after completing seven years in jail.
Mehta replied that parole was not an absolute right under the rules, depending on various factors. He then added that Narayan Sai and his father were arrested for severe offences, and they had considerable influence with money and muscle power.
Mehta recounted the incidents when they tried to bribe police officials, mobile phones were recovered from their jail cell, and three prime witnesses were killed.
Mehta said that Sai was granted parole for two weeks last year as he wanted to visit his ailing mother. It was purely on humanitarian grounds, and hence the state government did not find it appropriate to challenge that order.Mehta said that the problem now is that he is seeking parole as a right that he should be released every year.
The bench concluded by asking the counsel appearing for Sai to file his reply within a week and posted the matter for further hearing after two weeks.
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