Chandigarh, May 30 — In a significant verdict affecting the prison policy framework of Punjab, the Punjab and Haryana High Court has struck down the state’s formula that excluded parole periods when calculating the actual custody period required for premature release of life convicts.
The decision came while hearing a plea filed by Rupinder Singh, a life-term convict whose request for early release was denied under the controversial formula issued by the Punjab government in 2020.
❌ Court Questions Validity of the Formula
The bench, presided over by Justice Harpreet Singh Brar, ruled that the formula used by the Punjab government — which disregarded time spent on parole from ‘actual custody’ — does not align with the legal provisions under the Punjab Good Conduct Prisoners (Temporary Release) Act, 1962.
According to the court, parole is a form of temporary release under strict conditions and does not equate to freedom. Therefore, excluding it from the computation of actual time served undermines the spirit of the law.
📜 Interpreting ‘Actual Sentence’
Justice Brar clarified that ‘actual sentence’ includes the time spent both as an undertrial and after conviction. The state’s practice of deducting parole time from this period was held to be legally flawed.
However, he noted that parole duration can be excluded from the total sentence including remission, but not from actual imprisonment, which forms the basis for evaluating premature release eligibility.
🔁 Policy Reapplication Ordered
In Singh’s case, the High Court directed the state to reconsider his application for early release under the 1991 policy — which sets the eligibility bar at 10 years of actual imprisonment and 14 years including remission.
This effectively renders the 2020 policy redundant, at least in cases where it conflicts with existing legal frameworks and the rights of prisoners.
⚖️ What This Means
This ruling serves as a reminder that administrative decisions must remain within the boundaries of statutory law. It also strengthens the legal protection available to convicts seeking premature release, ensuring that their time on parole is rightfully considered in calculating their overall term served.
The Punjab government may now need to review and revise its parole and remission policies to comply with the Court’s interpretation and avoid future legal setbacks.
