Mere possession of mobile phones is not a ground to cancel parole.
Last Updated on September 6, 2024 by Shianjany Pradhan
It was held by the Punjab and Haryana H.C. that if merely a mobile phone is found with the accused, then that will not be sufficient and cogent evidence for the denial of parole. The same was termed as extremely harsh.
It was opined by the larger bench that it can be a violation of the fair trial as the accused is presumed innocent until proven guilty.
The 5 judge bench was set up to consider the matter which was brought before the court.
Justice Thakur made the statement that such a denial can be considered as a violation of the fair trial.
It was also elucidated that just the possession does not establish the guilt.
To deal with the menace that is feared to be caused then, the inmates can be provided with a facility to call and communicate with their families.
The plea of parole must be decided objectively.
No stereotyped reasoning can be provided as a ground for the rejection.
