In a significant order addressing humanitarian parole, the Rajasthan High Court granted emergent parole to a convict for performing post-funeral rituals of his deceased mother. The judgment underscores the applicability of Rule 11 of the Rajasthan Prisoners Release on Parole Rules, 2021 in emergent cases involving death of close relatives, while imposing strict bond conditions to ensure compliance.
Background & Facts
The Dispute
The petitioner, Shiva Urf Batla Urf Shivraj, a convict detained in Central Jail, Kota, filed a criminal writ petition seeking emergent parole to attend the post-funeral rituals of his mother, who passed away on 13.06.2026. The petitioner, through his sister Laxmi, sought release under Rule 11 of the Rajasthan Prisoners Release on Parole Rules, 2021, which permits parole in emergent humanitarian cases.
Key Facts
- The petitioner’s mother passed away on 13.06.2026, as confirmed by the District Collector and District Magistrate vide letter No. 2026/704 dated 13.06.2026.
- The petitioner was permitted to attend the funeral on 13.06.2026 from 2:00 PM to 6:00 PM, after which he was sent back to custody.
- The petitioner sought emergent parole for post-funeral rituals under Rule 11 of the Rajasthan Prisoners Release on Parole Rules, 2021.
- The petitioner relied on Section 16 of the Rajasthan Prevention of Anti-Social Activities Act, 2006, to support his claim.
Procedural History
- 13.06.2026: Petitioner’s mother passed away; funeral attended under temporary release.
- Post-13.06.2026: Petitioner filed S.B. Criminal Writ Petition No. 958/2026 before the Rajasthan High Court, Jaipur Bench.
- 25.06.2026: The High Court heard the matter and passed the present order.
Relief Sought
The petitioner sought emergent parole for three days to perform post-funeral rituals of his deceased mother, relying on Rule 11 of the Rajasthan Prisoners Release on Parole Rules, 2021.
The Legal Issue
The central question was whether Rule 11 of the Rajasthan Prisoners Release on Parole Rules, 2021 permits emergent parole for post-funeral rituals of a close relative, and if so, under what conditions and safeguards.
Arguments Presented
For the Petitioner
- The petitioner’s counsel argued that the death of the petitioner’s mother on 13.06.2026 constituted an emergent humanitarian case under Rule 11(i) and (ii) of the Rules of 2021.
- Reliance was placed on Section 16 of the Rajasthan Prevention of Anti-Social Activities Act, 2006, to emphasize the statutory framework governing parole.
- It was contended that the petitioner deserved emergent parole to perform post-funeral rituals, as denial would violate humanitarian considerations.
For the Respondent
- The learned Public Prosecutor opposed the prayer but did not dispute the factum of the mother’s death.
- The opposition was procedural, emphasizing the need for compliance with bond conditions and safeguards to prevent misuse of parole.
The Court's Analysis
The Court examined Rule 11 of the Rajasthan Prisoners Release on Parole Rules, 2021, which provides for emergent parole in cases involving humanitarian considerations. The Court noted that the rule explicitly includes death of a close relative as a ground for emergent parole. The relevant provisions of Rule 11 are extracted below:
“11. Emergent cases.- (1) Notwithstanding anything contain in rule 5, 6, and 10, in emergent cases, involving humanitarian consideration, such as,- (i) critical condition on account of illness of any close relative i.e. father, mother, wife, husband, children, brother or un-married sister; (ii) death of any such close relative; (iii) serious damage to life or property from any natural calamity; (iv) Marriage of a Prisoner, his/her son or daughter or his/her brothers/sister in case his/her parents are not alive; and (v) delivery of Prisoners wife, a prisoner, may be released on parole for a period not exceeding seven days by the Superintendent of the Jail and for a period not exceeding fifteen days by the Inspector General of Prisons or District Magistrate on such terms and conditions as they may, consider necessary to impose for the security of the prisoner including a guarantee for his return to the Jail, acceptance or execution whereof would be a condition precedent to the release of such a prisoner on parole.”
The Court observed that the petitioner’s case fell squarely under Rule 11(ii), as the death of his mother was an undisputed fact. The Court emphasized that emergent parole is not an absolute right but is granted at the discretion of the authorities, subject to bond conditions and safeguards to ensure the prisoner’s return to custody.
The Court further noted that while the Public Prosecutor opposed the prayer, the opposition was not substantive, as the fact of the mother’s death was not disputed. The Court thus deemed it just and proper to allow the writ petition, balancing humanitarian considerations with the need for security and compliance.
The Verdict
The Rajasthan High Court allowed the writ petition and granted emergent parole to the petitioner for three days from the date of his actual release. The Court imposed the following conditions:
- The petitioner must furnish a personal bond of Rs. 1,00,000/-.
- The petitioner must provide two sureties of Rs. 50,000/- each, one of which must be a close family member with surety of immovable property.
- The petitioner must surrender before the Jail Authorities on expiry of the three-day parole period.
- The petitioner must maintain peace and tranquility during the parole period.
- The parole shall stand cancelled if the petitioner is found indulging in any offence or if any report is lodged against him during the parole period.
The Court also directed the Registry to communicate the order to the Jail Superintendent, Kota, at the earliest, considering the urgency of the matter.
What This Means For Similar Cases
Humanitarian Considerations Must Be Balanced With Security
- Courts are likely to grant emergent parole in cases involving death or critical illness of close relatives, as explicitly provided under Rule 11 of the Rajasthan Prisoners Release on Parole Rules, 2021.
- However, such parole is not automatic and is subject to stringent bond conditions to prevent misuse.
- Practitioners should emphasize undisputed humanitarian grounds while addressing procedural objections.
Bond Conditions Are Non-Negotiable
- The judgment reinforces that emergent parole is conditional on furnishing substantial bonds and sureties, including immovable property.
- Courts may impose additional safeguards, such as cancellation of parole for any misconduct during the parole period.
- Legal practitioners must ensure compliance with bond conditions to avoid revocation of parole.
Urgency and Communication Are Critical
- The Court directed immediate communication of the order to the jail authorities, highlighting the need for urgency in emergent parole cases.
- Practitioners should request expedited processing of parole orders to ensure timely release for humanitarian purposes.
- Delays in communication may defeat the purpose of emergent parole, particularly in cases involving post-funeral rituals or medical emergencies.
