Amid rising criticism, Dera chief Ram Rahim to address followers of Bathinda on Sunday

Shiromani Akali Dal has been hitting out at Haryana’s BJP leadership for repeatedly releasing Ram Rahim on parole. The timing of his release has also raised eyebrows as the Jalandhar bypoll is around the corner but the Haryana government maintained that it is a mere coincidence that he is being allowed a parole “as per the rules” at this time.

Several BJP leaders, including Rajya Sabha MP Krishan Panwar, former OSD to Chief Minister Manohar Lal Khattar Krishan Bedi and others, have figured in many videos seeking the dera chief’s blessings. In fact, last week, Panwar and Bedi invited Ram Rahim for the February 3 state-level Ravidas Jayanti function slated to be held in Narwana. Khattar is the chief guest of the event.

With a knack for entangling in controversies, the dera chief didn’t miss his chance to embroil in a few even this time after he walked out of the Sunaria prison in Rohtak. From cutting a cake with a sword to throwing a saffron, white and green-coloured bottle on the ground, Ram Rahim managed to hit headlines a couple of times in the last few days.

In 2014, the BJP had sought his support and he did not shy from openly throwing his weight behind the saffron party. As a result, after coming to power in Haryana for the first time in the 2014 Assembly polls by winning 47 of the 90 seats, several Haryana BJP leaders were seen queuing up at the headquarters in Sirsa to thank the dera chief for his support.

SAD general secretary Parambans Singh Romana Wednesday hit out at Haryana Chief Minister Manohar Lal Khattar and asked if only those who toed the BJP lines were given rights. Talking to reporters, Romana had said, “Manohar Lal Khattar has claimed that seeking parole is Gurmeet Ram Rahim’s right. I want to ask if this right should also be given to the ‘Bandi Singhs’ who have been incarcerated for stretches as long as 28 years without any parole.”

Asserting that it seemed that special privileges have been reserved only for Ram Rahim, Romana said he was being given parole due to “political necessities”.

The dera chief, first convicted in August 2017 by a Special CBI court in Panchkula, is currently serving a 20-year jail term for raping two of his women disciples at the dera’s headquarters in Sirsa. In 2019, Gurmeet and three others were convicted for the murder of journalist Ram Chander Chhatrapati in 2002. In 2021, he received a third conviction along with four others for hatching a conspiracy to kill the dera’s former manager Ranjit Singh, who was shot dead, also in 2002.

Recently, on January 26, the dera chief also figured among other convicts who received a remission of 90 days in his sentence. In February 2022, he was provided a Z-plus security cover during his 21-day furlough due to a “high-level threat to his life from pro-Khalistani elements”. He continues to enjoy Z-plus security cover as and when he is allowed to step out of the prison.

What do the rules say?

According to the prison authorities, a convict is entitled for a parole of 90 days every year, subject to clearances on his conduct and security clearances from the district administration where he or she would be staying during the period of his/her parole.

But the period of parole is not counted towards the sentence he or she is supposed to be serving. Explaining a convict’s entitlement for parole in relation with the duration of imprisonment, a senior Haryana police officer said, “The Supreme Court, in the case State of Haryana vs Mohinder Singh in 2000, had ruled that when a prisoner is on parole, his period of release does not count towards the total period of the sentence, while if he is on furlough, he is eligible to have the period of release counted towards the total period of the sentence undergone by him.”

Since prisons are a state subject, it is the prerogative of the state government to release a convict on furlough or parole, provided the latter fulfills all requisite conditions.

Explaining the matter, another senior officer said, “Prison is a state subject under the Seventh Schedule of the Constitution. The management and administration of prisons fall exclusively in the domain of state governments, and are governed by the Prisons Act, 1894, and the Prisons Manual of respective state governments. According to the Prisons Act, states can make rules regarding release of prisoners on furlough, parole and remission, as part of their correctional process in jail reforms. MHA had also released a comprehensive Model Prison Manual in 2016 on all aspects of prison administration and requested state governments to review existing rules and procedures on parole, furlough and remission.”

The officer added, “Both furlough and parole are a form of conditional release. The convict is supposed to follow the conditions set out in the order allowing furlough or parole. Generally, furlough is considered as a right of a prisoner to fulfill the objective of breaking the monotony of imprisonment and allowing the inmate to maintain contact with the outside world. Parole, on the contrary, is granted for specific reasons – for instance death of a relative, to attend marriage of a family member or any other pressing reason, subject to the prisoner’s good behaviour. Both parole and furlough can be denied if the competent authority is of the opinion that releasing a convict would not be in the interest of society.”