Highlights
CHANDIGARH: Even as the Haryana government has come under criticism for not clearly spelling out its stand on the parole application of rape convict Gurmeet Ram Rahim Singh, it will not be easy for it to grant him temporary release from the Rohtak jail where he is lodged currently. Last month, the Punjab and Haryana HC had dismissed an application seeking the Dera Sacha Sauda head’s release, saying it could create a “law and order problem”.
Undeterred by the HC rejection, Gurmeet applied for a 42-day parole two weeks ago for farming in Sirsa, where Dera headquarters are located. Farming is one of the grounds for parole as per the Punjab jail manual which is applicable in Haryana. The superintendent of Sunariya jail in Rohtak had forwarded Gurmeet’s application to the commissioner of the Hisar division for his remarks.
While maintaining that the state government would take a decision on this issue at an appropriate time, chief minister Manohar Lal Khattar had said on Tuesday: “According to the jail manual, parole is the right of all convicts and there is a process to be followed. In this case, the decision has to be taken by the commissioner after taking in reports from the deputy commissioners and superintendents of police of Rohtak and Sirsa. The court is also keeping an eye on the development.”
Khattar said caution would be taken while taking a call on Gurmeet’s application and added that officers involved in the process are aware of the rules.
However, in his May 10 order on the parole application, Justice Kuldip Singh had spelt out the dangers of releasing the rape convict saying, “I am of the view that considering serious allegations against Gurmeet Ram Rahim Singh and law and order problem which is likely to be created, in case he is released on parole and difficulty of the state government in re-arresting him, there is no ground to grant parole.”
Justice Singh passed the order while dismissing the petition filed by Guransh Insan, who claimed to be a foster daughter of the Dera chief, seeking his release for four weeks to enable him to attend her wedding. The HC dismissed the application observing that Guansh is not a legally adopted daughter of the Dera chief, who also has 17 other such ‘foster’ daughters.
The HC had also made it clear that it would not allow such pleas in future on same or similar grounds by other alleged foster daughters whose number may increase in future, which may result in wastage of the court’s time.
Guransh had moved HC on May 10 after the Dera chief withdrew his plea in April for parole to attend her marriage after CBI had strongly objected to his release. In its report to HC, CBI had said his release on parole would be highly detrimental to peace in Haryana as well as the nearby states and the law and order situation might go out of hand.
However, legal experts say there is no bar on Gurmeet’s release in accordance with the Haryana Good Conduct Prisoners (Temporary Release) Act as he does not fall in the category of “hardcore criminals” as defined by the Act. Rape coupled with murder or raping a girl below 16 years of age are some of the categories mentioned in the Act and Gurmeet does not fall in any of these categories. Experts say the Rohtak jail administration wouldn’t have forwarded his application in such event.
At the same time, a senior advocate of the HC said on condition of anonymity that the district or division officials concerned would not risk giving the required permission for Gurmeet’s release. “Considering the background of the Dera chief, no DM or official would take any risk of giving clearance for his release. Merely political leaders having no objection does not entitle him to parole. Who will be responsible if tomorrow he does not return to jail,” he said.
Significantly, though Gurmeet had applied for parole for farming in Sirsa, sources in the district administration said revenue reports suggest that agriculture land in Sirsa is registered in the name of the dera management. But Gurmeet is neither the owner nor the lessee of the land.
Undeterred by the HC rejection, Gurmeet applied for a 42-day parole two weeks ago for farming in Sirsa, where Dera headquarters are located. Farming is one of the grounds for parole as per the Punjab jail manual which is applicable in Haryana. The superintendent of Sunariya jail in Rohtak had forwarded Gurmeet’s application to the commissioner of the Hisar division for his remarks.
Times View
The Haryana government would be well advised not to grant parole to Gurmeet Ram Rahim Singh. As the high court had correctly observed in May, not only was he convicted of extremely serious charges, it's also likely that once let out, it'll be difficult to put him back in without precipitating a serious law and order situation (in 2017, over 40 people were killed in the violence that followed his conviction). There is really no reason to take that risk.
While maintaining that the state government would take a decision on this issue at an appropriate time, chief minister Manohar Lal Khattar had said on Tuesday: “According to the jail manual, parole is the right of all convicts and there is a process to be followed. In this case, the decision has to be taken by the commissioner after taking in reports from the deputy commissioners and superintendents of police of Rohtak and Sirsa. The court is also keeping an eye on the development.”
Khattar said caution would be taken while taking a call on Gurmeet’s application and added that officers involved in the process are aware of the rules.
However, in his May 10 order on the parole application, Justice Kuldip Singh had spelt out the dangers of releasing the rape convict saying, “I am of the view that considering serious allegations against Gurmeet Ram Rahim Singh and law and order problem which is likely to be created, in case he is released on parole and difficulty of the state government in re-arresting him, there is no ground to grant parole.”
Justice Singh passed the order while dismissing the petition filed by Guransh Insan, who claimed to be a foster daughter of the Dera chief, seeking his release for four weeks to enable him to attend her wedding. The HC dismissed the application observing that Guansh is not a legally adopted daughter of the Dera chief, who also has 17 other such ‘foster’ daughters.
The HC had also made it clear that it would not allow such pleas in future on same or similar grounds by other alleged foster daughters whose number may increase in future, which may result in wastage of the court’s time.
Guransh had moved HC on May 10 after the Dera chief withdrew his plea in April for parole to attend her marriage after CBI had strongly objected to his release. In its report to HC, CBI had said his release on parole would be highly detrimental to peace in Haryana as well as the nearby states and the law and order situation might go out of hand.
However, legal experts say there is no bar on Gurmeet’s release in accordance with the Haryana Good Conduct Prisoners (Temporary Release) Act as he does not fall in the category of “hardcore criminals” as defined by the Act. Rape coupled with murder or raping a girl below 16 years of age are some of the categories mentioned in the Act and Gurmeet does not fall in any of these categories. Experts say the Rohtak jail administration wouldn’t have forwarded his application in such event.
At the same time, a senior advocate of the HC said on condition of anonymity that the district or division officials concerned would not risk giving the required permission for Gurmeet’s release. “Considering the background of the Dera chief, no DM or official would take any risk of giving clearance for his release. Merely political leaders having no objection does not entitle him to parole. Who will be responsible if tomorrow he does not return to jail,” he said.
Significantly, though Gurmeet had applied for parole for farming in Sirsa, sources in the district administration said revenue reports suggest that agriculture land in Sirsa is registered in the name of the dera management. But Gurmeet is neither the owner nor the lessee of the land.
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