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Asfaq v. State of Rajasthan and Others

Civil Appeal · 2017 INSC 884Decided 11 Sept 2017
Civil Appeal No. 10464 of 2017
Justice A.K. Sikri · Justice Ashok Bhushan

Background

The appellant was convicted and sentenced to life imprisonment under the Terrorist and Disruptive Activities (Prevention) Act, 1987 (TADA) for his role in the 1993 serial train bomb blasts, a conviction that had already attained finality. After serving over ten years, he repeatedly sought parole, but the parole authorities and later the Rajasthan High Court rejected his applications largely on the ground that the crime was too serious and heinous to allow parole as a matter of right, leaving the final question to the Supreme Court.

Decision Breakdown

The Supreme Court held that the High Court's reasoning, that a serious/heinous conviction by itself bars parole, was legally unsound, and undertook a detailed discussion distinguishing parole (a temporary release tied to good conduct and reformation) from furlough, clarifying that the nature of the offence alone cannot be a blanket disqualifier. However, on the specific facts, the Court examined adverse reports from the District Magistrate, police, Social Justice Department, and jail superintendent, which warned of a real risk of public unrest, threats to witnesses, and even danger to the appellant's own life if released. Weighing these concrete, case-specific risk factors, the Court found the authorities had properly considered relevant factors and that this was not presently a fit case for parole, so it dismissed the appeal while leaving open the possibility of a fresh parole application later if circumstances changed. The Court also flagged that the governing 1955 parole rules were outdated and recommended the Government of India update them, directing that a copy of the judgment be sent to the Ministry of Law & Justice.

Lesson Learnt

A conviction for a serious crime does not automatically disqualify a prisoner from parole: each parole request must be assessed on its own facts (conduct, risk of recidivism, danger to self or others) rather than denied purely because of the offence's gravity, but genuine, documented security or law-and-order risks can still justify refusal.

Official source (sci.gov.in)View Judgment (PDF)

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