Rape convict Dera chief Ram Rahim out of jail for 40 days: Who can get parole and furlough and on what conditions?

Dera Sacha Sauda chief Gurmeet Ram Rahim Singh, who is serving a prison sentence in Haryana's Sunaria jail, was on Friday granted parole for 40 days. 

The move comes just ahead of the Adampur bypoll, which is scheduled to be held on November 3. The state government is also scheduled to hold panchayat polls soon, for which the nomination-filing process has already begun. 

The Dera chief had earlier come out of prison on a month-long parole in June. Prior to that, he was granted three weeks' furlough in February.

The sect chief is serving a 20-year jail term for raping two women disciples at his ashram in Sirsa, where the Dera is headquartered. He was convicted by a special CBI court in Panchkula in August 2017.

He was last year also convicted along with four others for hatching a conspiracy to kill Ranjit Singh, a Dera manager, in 2002. The Dera chief and three others were convicted in 2019 for the murder of a journalist more than 16 years ago.

A day after being released, the Dera chief released a video message from the sect’s Uttar Pradesh ashram on Saturday, in which he asked his followers to “not exercise their free will" and “follow the directions given to them" by sect elders.

In a video uploaded on his YouTube channel “Saint MSG”, Gurmeet Ram Rahim, could be heard asking his followers to “act as told by the sect elders." “Don’t exercise your free will. Don’t cause any stampede. Please follow what’s asked of you," he said.

What are parole and furlough?

Parole refers to a jailed convict’s temporary or permanent release before the end of their sentence. The granting of parole depends on the prisoner’s behaviour. Parole is granted on basis of a specific reason and once granted, the convicts need to periodically report to the authorities. 

Furlough, on the other hand, is a release given to prisoners of long-term imprisonment periodically, irrespective of any reason. It is granted merely to enable the prisoner to retain social relationships and to counter the ill-effects of prolonged imprisonment. 

Parole is a reformative process aimed at assisting convicts in reintegrating into society. On the other hand, furlough is seen as a matter of right for a prisoner, and is treated as remission of their sentence. 

The purpose of parole

In the ‘Ashfaq vs State of Rajasthan and Others’ case, the Supreme Court in 2017 observed that the primary purpose of parole and furlough is to give convicts an opportunity to solve their personal and family problems and enable them to remain connected with the society.     

Both parole and furlough are covered under The Prisons Act of 1894 and The Prisoners Act of 1900. These Prison Rules differ from state to state since prisons come under the state’s authority under the 7th Schedule of the Constitution. 

As per Haryana Good Conduct Prisoner (Temporary Release) Act, 1988, the state gives temporary release of prisoners for good conduct after serving a certain period of conviction.

Under Section 3 of the Act, the state government, after consulting the District Magistrate of the area where the prisoner is to be released or any other appointed officer,  can release a jailed convict for three weeks in case any family member of the prisoner seriously ill or died or if they themselves are seriously ill.

The government can grant four weeks parole to a convict in case they are to get married or there is a wedding of close family members. They can also be released for other causes like an admission of any dependent in an educational institute, or medically scheduled delivery of a male convict’s wife among other reasons.

However, hardened prisoners convicted of multiple murders or under the anti-terror Unlawful Activities Prevention Act (UAPA) are not eligible for parole.