Jailed Dera Sacha Sauda chief Gurmeet Ram Rahim again granted 40-day parole

The repeated grant of parole to Dera Sacha Sauda chief Gurmeet Ram Rahim Singh has become a recurring point of contention in India, raising significant questions about the application of law, executive discretion, and the political implications of religious cults. His latest 40-day parole, marking his 15th temporary release since his 2017 conviction, underscores a complex interplay of legal provisions, political expediency, and public perception.

**Background Context and Convictions:**

Gurmeet Ram Rahim Singh heads the Dera Sacha Sauda, a socio-spiritual organization with a massive following, particularly in Haryana, Punjab, and parts of Rajasthan. He rose to prominence as a spiritual leader, but his reign was marred by serious criminal allegations. In August 2017, a Special CBI Court convicted him of raping two female disciples in a case dating back to 2002. This conviction led to widespread violence and arson by his followers in Panchkula, Haryana, and other areas, resulting in over 40 deaths and significant property damage. Subsequently, in January 2019, he was also convicted for the murder of journalist Ram Chander Chhatrapati in 2002, who had exposed the sexual exploitation within the Dera. In 2021, he was further convicted along with four others for the murder of Dera manager Ranjit Singh in 2002. These convictions led to multiple life sentences.

**The Mechanism of Parole and Furlough:**

Parole and furlough are provisions under prison laws that allow convicts temporary release from jail. While both aim at helping convicts reintegrate into society and maintain family ties, they differ. **Parole** is a discretionary release granted by the executive (state government) for specific reasons like family emergencies, maintaining social ties, or good conduct, and the period spent outside is not counted as part of the sentence. **Furlough**, on the other hand, is a matter of right for a prisoner who has undergone a specified period of sentence without disciplinary infractions, and it is counted as part of the sentence. The rules for parole and furlough are governed by state-specific legislation, such as the Haryana Good Conduct Prisoners (Temporary Release) Act, 1988, which outlines the conditions and duration for such releases. The repeated nature of Gurmeet Ram Rahim's parole grants, often just before state assembly or panchayat elections, has fueled suspicions of political motives.

**Key Stakeholders and Their Stances:**

1. **Gurmeet Ram Rahim Singh and Dera Sacha Sauda:** The beneficiary of the parole, whose organization commands a significant vote bank. His temporary releases often coincide with Dera events or local elections, allowing him to interact with followers and issue 'satsangs' (spiritual discourses). His lawyers consistently argue for his right to parole based on good conduct and family needs.

2. **Haryana Government:** The granting authority, which has been under intense scrutiny. Critics accuse the ruling Bharatiya Janata Party (BJP) government in Haryana of granting parole for political gain, leveraging the Dera's influence ahead of elections. The government maintains that all paroles are granted strictly according to law and prison rules, based on recommendations from local administration and police.

3. **Sikh Organizations (e.g., Shiromani Gurdwara Parbandhak Committee - SGPC):** These organizations have been vocal critics, viewing the repeated paroles as an insult to justice and a mockery of the legal system. They argue that a high-profile convict, whose initial conviction led to widespread violence, should not be repeatedly released, especially when other convicts struggle to get similar relief. They also highlight the potential for law and order disturbances.

4. **Victims' Families:** For the families of the rape victims and the murdered journalist and Dera manager, these paroles are a painful reminder of the perceived injustice and the state's apparent leniency towards a powerful individual.

5. **Judiciary:** While the judiciary convicted Singh, the power to grant parole lies with the executive. However, courts have often intervened when parole rules are violated or when there's a clear threat to law and order.

**Significance for India and Constitutional Aspects:**

This issue profoundly impacts the **Rule of Law** in India. Article 14 of the Indian Constitution guarantees 'Equality before Law and Equal Protection of Laws'. The repeated paroles raise questions about whether the law is being applied equally to all, or if powerful individuals receive preferential treatment. This perception can erode public trust in the criminal justice system and the executive. While Article 21 (Right to Life and Personal Liberty) extends to convicts as well, allowing for provisions like parole, the discretion must be exercised judiciously and without bias.

The political implications are significant. The Dera Sacha Sauda's influence as a vote bank in Haryana and Punjab means that political parties are often perceived to be keen on not alienating its followers. This case highlights the tension between the executive's duty to uphold the law and its political compulsions.

**Future Implications:**

The repeated paroles are likely to continue sparking public debate and scrutiny over the discretionary powers of the executive in granting temporary releases. This could lead to demands for greater transparency and stricter guidelines in parole procedures, especially for convicts of heinous crimes or those with a history of inciting violence. There might be increased judicial oversight if petitions challenging these paroles are filed. The issue also serves as a potent reminder of the challenges in balancing the rights of prisoners with the need for justice for victims and the maintenance of public order, especially in a politically sensitive environment.

Ultimately, the Gurmeet Ram Rahim parole saga is a critical case study for understanding governance challenges, the interplay of law and politics, and the imperative for upholding the integrity of the justice system in India.