The Supreme Court of Nepal has ruled that prisoners sentenced in more than one case cannot be denied parole solely because the law sets a maximum prison term, known as kaid had. The court clarified that the term limit is a mandatory legal provision, not a concession granted by the state.
The ruling means the Federal Probation and Parole Board cannot reject parole recommendations on the basis that a prisoner’s maximum term has already been determined. The verdict was issued by a bench comprising Justice Dr. Nahakul Subedi and another judge.
Court clarifies difference between kaid had and kaid chhut
The decision establishes a precedent distinguishing kaid had, the legal limit on a prison term, from kaid chhut, or a reduction in a prison sentence. The court said the maximum-term provision should not be treated as a state-granted exemption that can, by itself, prevent a prisoner from being considered for parole.
The ruling addresses cases involving prisoners sentenced in multiple cases and sets limits on the grounds the Federal Probation and Parole Board may use when assessing parole recommendations.
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