The Karnataka High Court dismissed a petition filed by 72-year-old Ambarish S Kapadia, a Mumbai resident and convict currently lodged at Central Prison in Bengaluru, seeking two months' parole on the ground that he has been in jail for 14 years. The court observed that the length of incarceration by itself does not entitle a convict to parole when weighed against his antecedents and the nature of the offences.
Background of the Case
Kapadia approached the High Court seeking parole, stating that although the court in November 2020 directed consideration of his application for parole, the authorities did not act on it as he was transferred to Ahmedabad prison in connection with a CBI case. Opposing the petition, P Prasanna Kumar, special public prosecutor for the CBI, submitted that the petitioner was convicted in six cases and was therefore disentitled to seek parole in view of Rule 192(2)(1)(i) of the Karnataka Prison Rules, 1974.
Court's Observations
Justice Sachin Shankar Magadum noted that the High Court's November 2020 order was only to consider the petitioner's representation and did not confer any vested or enforceable right to parole. The judge stated, "The petitioner has been convicted in six criminal cases, which by itself indicates a pattern of repeated criminality. The offences, as borne out from records, involve serious allegations of economic offences such as cheating, forgery and misappropriation, which affect public confidence. One of the cases is under CBI's jurisdiction, indicating the gravity and complexity of the offences. The petitioner's antecedents do not inspire confidence so as to extend the benefit of temporary release. His contention that he has undergone 14 years of imprisonment, though a relevant factor, cannot be viewed in isolation."
The court rejected the petition, emphasizing that the gravity of the offences and the petitioner's criminal history outweighed the fact of his prolonged incarceration. The ruling underscores the principle that parole is a privilege, not a right, and must be assessed based on the convict's conduct and the nature of the crimes committed.
