No impediment in granting temporary parole to Pocso convicts: HC

Observing that there is no impediment in releasing persons convicted under provisions of the Protection of Children from Sexual Offences (Pocso) Act, 2012 on temporary

Observing that there is no impediment in releasing persons convicted under provisions of the Protection of Children from Sexual Offences (Pocso) Act, 2012 on temporary parole, the Nagpur bench of the Bombay high court (HC) on Tuesday ordered that a Pocso convict be released on parole for 30 days.

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“Considering the language of the notification dated May 8, 2020 and particularly in view of the fact that the offence under Pocso Act is not mentioned in the proviso which bars for grant of parole, there should not be any impediment for releasing the petitioner on parole,” said the bench of justice AS Chandurkar and justice Amit Borkar, and granted parole to 27-year-old convict presently lodged in Amravati central jail.

The bench was referring to the notification issued by Maharashtra home department by which Rule 19 of the Maharashtra Prisons (Bombay Furlough and Parole) Rules, 1959 has been amended to allow decongestion of prisons by granting certain convicts temporary parole and furlough leaves in view of Covid-19 contagion.

The bench accepted the argument advanced on behalf of the convict that under the proviso to the amended rule, conviction under Pocso Act is no longer a disqualification for availing parole or furlough leaves.

The proviso to Rule 19 states that prisoners convicted for serious economic offences or bank scams or offences under special Acts (other than IPC) like Maharashtra Control of Organised Crime Act, Prevention of Money Laundering Act, Maharashtra Protection of Interest of Depositors (In Financial Establishments) Act, Narcotic Drugs and Psychotropic Substances Act, Unlawful Activities (Prevention) Act etc. which provide for additional restrictions on grant of bail, shall not be released on temporary parole or furlough.

The bench said there was no impediment in granting temporary parole to the convict “considering the language of the proviso and particularly in view of the fact that the offence under Pocso Act is not mentioned in the proviso which bars grant of parole.”

Besides, the bench also noted that some other Pocso convicts have been released by the jail authorities on parole.

The convict had moved HC after his plea for parole leave was rejected by jail authorities. He had sought leave to attend to his ailing sister, but the jail authorities rejected the plea on the grounds that he had not submitted any proof showing his sister was seriously ill.