1958 or 2021 Parole Rules for Prisoners Convicted Earlier? Rajasthan High Court Refers Three Questions to Larger Bench

Nine writ petitions, two of them by the same petitioner, raised identical issues and sought identical reliefs, so the Court took them up together (para 1). In the lead case, a prisoner confined in the Open Air Camp, Karauli, sought parole under the Rajasthan Prisoners (Release on Parole) Rules, 1958, challenging the State Committee's order of 8 October 2025 refusing him permanent parole (para 1). An earlier order had noted that permanent parole was denied by invoking Rule 14(d) of the 1958 Rules, although the State had granted it to some prisoners despite that rule; another had invited the Bar to address which Rules govern prisoners convicted before the 2021 Rules (para 3).

Having heard the parties and perused the relevant Rules (para 2), the Bench noted the Advocate General's contention that neither the Code of Criminal Procedure nor the BNSS specifically provides for parole (para 4). In view of the submissions and the questions arising, it referred the matter to a Larger Bench "for an authoritative determination of the issues involved", framing these questions, inter alia (para 5): (a) "Whether, for the purpose of grant of parole, the Rules prevailing on the date of conviction of the prisoner would apply i.e. the Rajasthan Prisoners (Release on Parole) Rules, 1958, or whether the Rules in force at the time of consideration of the parole application i.e. the Rajasthan Prisoners (Release on Parole) Rules, 2021 would govern the matter?" (b) "Whether the grant of parole amounts to a temporary suspension of sentence, as contemplated under Section 401 of the Code of Criminal Procedure, 1973 (Section 432 of the BNSS)?" (c) "What would be the effect of the repeal of the Code of Criminal Procedure, 1973, and its replacement by the Bharatiya Nagarik Suraksha Sanhita, 2023, on the applicability and operation of the Rajasthan Prisoners (Release on Parole) Rules, 1958?" It answered none (paras 5-6).