KRISHAN LALversusSTATE OF RAJASTHAN & ANR.

                               [2012) 11 S.C.R. 220


A                                 KRISHAN LAL
                                        v.
                    STATE OF RAJASTHAN & ANR.
               (Criminal Appeal Nos. 1972-1973 of 2012)
                           DECEMBER 03, 2012
B
            [P. SATHASIVAM AND RANJAN GOGOi, JJ.]

          Rajasthan Prisoners Release on Parole Rules, 1958:

c       rr.2 (d), 9 and 10 A(i) -Application for release on 'Parole',
  by appellant, a life convict, who was sentenced to remain in
  prison for the rest of his life - Held: In view of the order of the
  Court, appellant is not entitled to normal parole in terms of
  r. 9 - However, in emergent cases involving humanitarian
  consideration, the Authority concerned is free to pass
0
  appropriate orders in terms of Rule 10 A(i) and as directed
  in the judgment - Code of Criminal Procedure 1973 - s.401
  - Penal Code, 1860 - ss. 302, 307, 148, 450 rlw. ss. 149 and
  120-B.

E     The appellant was convicted and sentenced to death
  alongwith 9 others for offences punishable ulss. 302, 307,
  148, 450 read with ss. 149 and 120-B, IPC. The High Court
  upheld the conviction but commuted the death sentence
  to imprisonment for life. The Supreme Court 1 while
F deciding the appeals of the convicts against their
  conviction as also those of the complainant respondent
  no. 2 and the State for restoring death sentence of the
  convicts, by its judgment dated 29.03.2001, confirmed the
  conviction and sentence awarded to the accused
G persons by the High Court and held that the
  imprisonment for life awarded to the appellant would be
  the imprisonment in prison for the rest of his life and he
  would not be entitled to any commutation or premature
    1.   2001 (2) SCR 864 ..
H                                      220
   KRISHAN LAL v. STATE OF RAJASTHAN & ANR.             221


  release u/s 401 of the Code of Criminal Procedure, 1973,     A
  Prisoners Act, Jail Manual or any other Statute and the
· Rules made for the purposes of grant of commutation
  and remissions. On the petition of the appellant, the High
  Court directed the Advisory c~mmittee to consider his
  case and the Advisory Committee, on 18.08.2010,              B
  released him on parole for 40 days. When the
  complainant apprised the High Court of the order of the
  Supreme Court, the High Court, by order dated 06.10.2010
  issued a show cause notice to the appellant and the State
  Government and by final order dated 06.04.2011               c
  dismissed the petition filed by the appellant as having
  rendered infructuous.

     Disposing of the appeals, the Court

      HELD: 1.1. It is true that this Court, in Subhash D
 Chander*, has not considered appellant's right or
 entitlement to parole. However, the order in the said case
 shows that it was represented on behalf of the appellant
 that the Court can pass appropriate orders to deprive the
 appellant of his liberty throughout his life and if he was E
 sentenced to life imprisonment, he would never claim his
 pre-mature release or commutation of his sentence on
 any ground. It is also relevant to note that in the course
 of hearing, it was pleaded for the complainant that if the
 appellant was not awarded death sentence, he was likely F
 to eliminate the remaining family members of the
 deceased, as was evident from his past conduct and
 behaviour, and this Court accepted the apprehension so
 made and passed the order insofar as the appellant was
 concerned. It is, therefore, clear that the appellant has to G
 serve the imprisonment throughout his life in prison and
 is not entitled to any commutation or premature release
 under the Code or any other provision made for the
 purposes of grant of commutation and remissions. [Para
 6-7] [225-G-H; 226-A-D-G-H]
                                                               H
    222      SUPREME COURT REPORTS              [2012] 11 S.C.R.


A         *Subash Chander vs. Krishan Lal & Ors. 2001 ( 2 ) SCR
    864   =(2001) 4 sec 458 - referred to
       1.2. In view of the order of this Court dated 29.03.2001
  in Subash Chander it is reiterated that the appellant is not
  entitled to normal parole in terms of r. 9 of the Rajasthan
8
  Prisoners Release on Parole Rules, 1958. However, in
  emergent cases involving humanitarian consideration,
  the Authority concerned is free to pass appropriate orders
  in terms of r.10 A(i) of the said Rules. Even while
  considering such application, the Authority concerned is
C directed to adhere to the conditions mentioned in the said
  Rule, impose appropriate stringent condition(s) and see
  that by the temporary release of the appellant nothing
  happens to the complainant and his family and also pass
  appropriate orders giving them necessary protection. It
D is also made clear that if the Authority concerned is not
  satisfied with the reasons for temporary parole, it is free
  to reject such application. [Para 12] [229-D-F]

                         Case Law Reference:
E         2001 (2) SCR 864        referred to          Para 2

        CRIMINAL APPELLATE JURISDICTION : Criminal
    Appeal No. 1972-1973 of 2012.

F       From the Judgment & Order dated 06.10.2010 of the High
    Court of Rajasthan at Jodhpur in DBCWP No. 2982 of 2010,
    WP No. 10309 of 2010 dated 6.4.2011 in WP No. 10309 of
    2010.

       K.V. Viswanathan, Arun Kumar Beriwal, Shiv Kumar
G Dwivedi, Adeeba Mujahid, Mehul M. Gupta, Rishabh Sancheti,
  T. Mahipal, Amit Bhandari and Milind Kumar for the appearing
  parties.

          The Judgment of the Court was delivered by
H
   KRISHAN LAL v. STATE OF RAJASTHAN & ANR.                  223 ·


    P. SATHASIVAM, J. 1. Leave granted.                              A
     2. These appeals are directed against the order dated
06.10.2010 passed by the High Court of Judicature for
Rajasthan at Jodhpur in Writ Petition (Parole) No. 1.0309 of
2010 whereby a show cause notice was issued to the appellant
                                                                     8
herein and the State Government and it was also held that the
convict- Krishan Lal (the appellant herein) shall not be released
on parole or otherwise as ordered by this Court on 29.03.2001
in the case of Subash Chander vs. Krishan Lal & Ors. reported
in (2001) 4 sec 458 and also against the final order dated
06.04.2U11 by which the petition filed by the appellant herein       C
was dismissed as having rendered infructuous.

    3. Brief facts:
    (i) The appellant herein was an accused in a murder case         0
    along with 11 accused persons. The trial Court convicted
    all the accused persons except one for the offences under
    Section 302, 307, 148, 450 read with Sections 149 and
    1208 of the India Penal Code, 1860 (in short "IPC") and
    sentenced them to death.
                                                                     E
    (ii) Aggrieved by the order of conviction and death
    sentence, the appellant along with other accused persons
    filed appeals before the High Court. The High Court upheld
    the conviction of all the convicted persons including that
    of the appellant herein but commuted the death sentence          F
    to imprisonment for life.

    (iii) Challenging the order of the High Court, the
    complainant - respondent No.2 herein filed two sets of
    appeals bearing Criminal Appeal Nos. 812-814 of 1999             G
    and Criminal Appeal Nos. 815-816 of 1999 before this
    Court praying for setting aside the order of acquittal and
    awarding of death sentence to the convicted persons as
    was done by the trial Court. The accused persons also filed
    two sets of appeals bearing Criminal Appeal Nos. 817-            H
    224       SUPREME COURT REPORTS                 (2012] 11 S.C.R.


A         818 of 1999 and Criminal Appeal Nos. 819-820 of 1999
          before this Court praying for their acquittal by setting aside
          the conviction and sentence awarded to them by the trial
          Court and the High Court. The State also filed appeals
          before this Court for quashing the order of acquittal of one
B         accused person and for awarding death sentence to the
          convicted persons. This Court, in the abovesaid appeals,
          by judgment dated 29.03.2001, confirmed the conviction
          and sentence awarded to the accused persons by the High
          Court and held that the imprisonment for life awarded to
          the appellant herein shall be the imprisonment in prison for
c
          the rest of his life and he shall not be entitled to any
          commutation or premature release under Section 401 of
          the Code of Criminal Procedure, 1973 (in short "the
          Code"), Prisoners Act, Jail Manual or any other Statute
          and the Rules made for the purposes of grant of
D
          commutation and remissions.

          (iv) Prior to the order of this Court in Subash Chander
          (supra), on 06.03.1999 and 12.05.2000, the appellant
          herein was allowed regular parole of 20 days and 30 days
E         respectively by the Parole Advisory Committee and,
          accordingly he availed the same. During the period from
          2001-2010, the appellant tried for third regular parole for
          40 days by filing various applications but the same were
          not considered. Aggrieved by the same, the appellant
F         herein moved the High Court by filing an application being
          D.B. Criminal Parole No. 2982 of 2010. The High Court
          by order dated 26.05.2010, directed the Parole Advisory
          Committee for considering the case of the appellant. Vide
          order dated 12.08.2010, the Advisory Committee released
G         the appellant herein on parole on 18.08.2010 for 40 days.

          (v) Aggrieved by the orders dated 26.05.2010 and
          12.08.2010 passed by the High Court and the Parole
          Advisory Committee respectively, the Complainant-
          respondent No.2 herein filed an application being Civil
H
   KRISHAN LAL v. STATE OF RAJASTHAN & ANR.                     225
               [P. SATHASIVAM, J.)
     Misc. Application No. 93 of 2010 in DB Criminal W.P. No.          A
     2982 of 2010 before the High Court for reconsideration
     of the order dated 26.05.2010 and for quashing the order
     dated 12.08.2010 passed by the Parole Advisory
     Committee. The High Court, by impugned order dated
     06.10.2010, issued show cause notice to the appellant             B
     herein and the State Government and also held that the
     appellant shall not be released on parole or otherwise as
     ordered by this Court in the case of Subash Chander
     (supra). After the reply of the appellant herein, the High
     Court, by final order dated 06.04.2011 dismissed the              c
     petition filed by the appellant herein as having rendered
     infructuous.                                    ·

     (vi) Against the orders dated 06.10.2010 and 06.04.2011,
     the appellant has filed these appeals by way of special
     leave before this Court.                                          D

     4. Heard Mr. K.V. Viswanathan, learned senior counsel for
the appellant Mr. Amit Bhandari, learned counsel for respondent
No.1-State and Mr. Rishabh Sancheti, learned counsel for
respondent No.2-the Complainant.                                       E
      5. The only point for consideration in these appeals is
whether the appellant is entitled to be released on parole in the
light of the order passed by this Court on 29.03.2001 in Subash
Chander (supra)?
                                                                       F
      6. In order to understand the claim of the appellant, it is
useful to refer the direction given by this Court in Subash
Chander (supra). When the above-said appeals were filed by
the complainant, the State as well as the accused before this
Court, it was represented on behalf of the present appellant -         G
Krishan Lal (A-1) that the Court can pass appropriate orders
to deprive the appellanft:ierein of his liberty throughout his life.
It is also seen from the order that upon instructions, Mr. U.R.
Lalit, learned senior counsel submitted that Krishan Lal (A-1)
- appellant herein, if sentenced to life imprisonment, would           H
    226       SUPREME COURT REPORTS                 (2012] 11 S.C.R.


A never claim his pre-mature release or commutation of his
  sentence on any ground. The above statement of the learned
  senior counsel for Krishan Lal (A-1) - appellant herein had been
  recorded by this Court. It is also relevant to note that in the
  course of hearing, Mr. Ranjit Kumar, learned senior counsel,
B who appeared for the Complainant in that matter, contended
  that if accused like Krishan Lal (A-1), appellant herein, is not
  awarded death sentence, he is likely to eliminate the remaining
  family members of Bhagwan Ram, as is evident from his past
  conduct and behaviour. He further submitted that in order to
c protect the surviving family members of Bhagwan Ram, it is
  necessary to at least deprive Krishan Lal(A-1 )-appellant herein
  of his life. It is relevant to point out that this Court accepted the
  apprehension made by the learned senior counsel for the
  Complainant. In those circumstances, the following order
  insofar as Krishan Lal - the appellant herein is concerned was
0
  passed:

          "23. However, in the peculiar circumstances of the case,
          apprehending imminent danger to the life of Subhash
          Chander and his family in future, taking on record the
E         statement made on behalf of Krishan Lal(A1), we are
          inclined to hold that for him the imprisonment for life shall
          be the imprisonment in prison for the rest of his life. He
          shall not be entitled to anv commutation or premature
          release under Section 401 of the Code of Criminal
F         Procedure. Prisoners Act. Jail Manual or anv other
          statute and the Rules made for the purposes of grant of
          commutation and remissions."

                                              (Emphasis supplied)

G        7. From the above direction, it is clear that Krishan Lal-
  appellant herein has to serve the imprisonment throughout his
  life in prison and is not entitled to any commutation or premature
  release under the Code or any other Act including Prisoners
  Act, Jail Manual or any other statute and the Rules made for
H the purposes of grant of commutation and remissions. It is true
  KRISHAN LAL v. STATE OF RAJASTHAN & ANR.                   227
              [P. SATHASIVAM, J.]
that this Court has not considered his right or entitlement of      A
parole.

    8. Mr. K.V. Viswanathan, learned senior counsel for the
appellant in support of his claim for parole relied on the
Rajasthan Prisoners Release on Parole Rules 1958. In
                                                                    8
exercise of the powers conferred by sub-section (6) of Section
401 of the Code of Criminal Procedure, the Government of
Rajasthan has passed the above Rules. Section 2(d) defines
"Parole" as under:

     "2(d) "Parole" means conditional enlargement of a              C
     prisoner from the jail under these rules"

      As per the Rules, a prisoner sentenced to imprisonment
for not less than one year may be permitted to make an
application for release on parole before the Prisoners Parole       0
Advisory Committee. Rules provide constitution of Prisoners
Parole Advisory Committee and procedures to be followed in
considering such applications. Rule 9 of the said Rules speaks
about Parole period. Mr. Viswanathan has also pointed out that
on the basis of the said Rules, the appellant was granted parole    E
on two occasions i.e., on 06.03.1999 and 12.05.2000 for a
period of 20 days and 30 days respectively, and when the
appellant made another application praying for third parole for
40 days, based on the order dated 26.05.2010 of the High
Court, the Advisory Committee, by order dated 12.08.2010            F
released the appellant on parole for a periou of 40 days on
18.08.2010. The said order was challenged by the complainant
- respondent No.2 herein by filing an application being D.B.
Civil Misc. Application No. 93 of 2010 before the High Court.
Considering the earlier order of this Court dated 29.03.2001
in Subash Chander (supra), the High Court rejected the 3rd          G
application fifed by the appellant for parole.

     9. Learned counsel appearing for the State as well as the
Complainant submitted that in view of the stand taken by the
learned senior counsel for the appellant before this Court giving   H
    228       SUPREME COURT REPORTS                  [2012) 11 S.C.R.


A   up his right of praying for commutation or premature release
    and be in prison till the end of his life and the apprehension of
    the complainant's family that in the event of his release even
    on parole he is likely to eliminate the remaining family
    members of Bhagwan Ram, the present appeals are liable to
s   be dismissed.

        10. We have already extracted the ultimate order of this
  Court confirming the imprisonment for life in prison for rest of
  his life and foregoing commutation or premature release under
C any of the statute or Rules or Circulars. Though Mr. Viswanathan
  has claimed that the appellant was granted parole on two
  occasions for 20 days and 30 days and no adverse against
  the appellant was reported, it is relevant to note that the
  appellant was granted parole on the abovesaid two occasions
  prior to the order passed by this Court on 29.03.2001 in Subash
D Chander (supra) and the specific direction of this Court in that
  order was not placed for consideration at the time of granting
  3rd parole to the appellant by the Advisory Committee.

        11. Though the Rajasthan Prisoners Release on Parole
E Rules, 1958 enables the appellant to apply for parole before
  the Advisory Committee, we are of the view that in view of the
  commutation of death sentence into life imprisonment and
  specific conditions imposed foregoing commutation or
  premature release under any statute or Rules and considering
F the apprehension expressed by the complainant-respondent
  No.2 herein, we hold that henceforth the appellant shall not be
  entitled for regular parole in terms of Rule 9 of the said Rules.
  However, if any contingency arises, the same may be
  considered by the Advisory Committee in terms of Rule 10-A(i)
G of the said Rules which reads as under:

          "10-A(i) Notwithstanding the provision of rules 3,4,5, 9 &
          1 O in emergent cases, involving humanitarian
          consideration viz., (1) critical condition on account of illness
          of any close relations i.e. father, mother, wife, husband,
H         children, brother or unmarried sister; (2) death of any such
   KRISHAN LAL v. STATE OF RAJASTHAN & ANR.                    229
               [P. SATHASIVAM, J.)

       close relation; (3) serious damage to life or property from    A
       any natural calamity; and (4) marriage of a prisoner, his/
       her son or daughter or his/her brothers/sisters in case his/
       her parents are not alive.

       A Prisoner may be released on parole for a period not          8
       exceeding 7 days by the Superintendent of the Jail and for
       a period not exceeding 15 days by the Inspector General
       of Prisons (District Magistrate) on such terms and
       conditions as they m11y consider necessary to impose for
       the security of the prisoner including a guarantee for his     C
       return to the jail, acceptance or execution whereof would
       be a condition precedent to the release of such prisoner
       on parole."

     12 In view of the .order of this Court dated 29.03.2001 in
Subash Chander (supra), we reiterate that the appellant is not        D
entitled to normal parole in terms of Rule 9, however, in
emergent cases involving humanitarian consideration, the
Authority concerned is free to pass appropriate orders in terms
of Rule 10 A(i) of the Rules. Even while considering such
application, the Authority concerned is directed to adhere to the     E
conditions mentioned in the said Rule, impose appropriate
stringent condition(s) and see that by the temporary release of
the appellant nothing happens to the complainant and his family
and also pass appropriate orders giving them necessary
protection. It is also made clear that if the Authority concerned     F
is not satisfied with the reasons for temporary parole, it is free
to reject such application.

       13. With the above direction, the appeals are disposed of.

R.P.                                       Appeals disposed of.       G