The eligibility for parole is contingent upon the prisoner's conduct and adherence to prison rules, as outlined in the Delhi Prison Rules, 2018.

JUDGMENT :

Anoop Kumar Mendiratta, J.

1. This is a writ petition preferred on behalf of the petitioner under Article 226 of the Constitution of India read with Section 482 Cr.PC whereby it is prayed as under:

“a) issue a writ in the nature of Certiorari quashing the rejection order no. F.18/69/2016/HG/1678 dated 22.11.2021 passed by the respondent; and b) issue a writ in the nature of Mandamus directing the respondent to release the petitioner on parole for a period of three months;

2. In brief, the petitioner approached the Competent Authority for grant of parole for a period of three months in order to maintain social ties & family relations, to curb inner stress due to prolonged incarceration and to offer prayers at the grave of his deceased mother. The request of the petitioner was rejected by the Competent Authority vide order dated 22.11.2021 on following grounds:

1. The convict is not entitled for parole in view of Rule 1210 sub rule (IX) of Delhi Prison Ruies-2018, which states that: - Rule 1210 sub rule (II):- "The conduct of the Prisoner who has been awarded major punishment for any prison offence should have been uniformly good for last two years from the date of application and the conduct of Prisoner who has been awarded minor punishment or no punishment for any prison offence in prison should have been uniformly good for last one year from the date of application". In this case, as per record, said convict has been awarded 20 multiple punishments. Punishments dated 21.11.2019, 20.12.2019 & 19.01.2020 awarded to said convict, which are the major punishments as per Rule 1271 of Delhi Prison Rules- 2018. Further, punishments dated 12.08.2021 & 15.08.2021 are minor punishments as per DPR-2018.

2. As per Rule 1211 of Delhi Prison Rule-2018, which provide that:- "In the following cases, parole shall not be granted, except if in the discretion of the competent authority special circumstances exist for grant of parole; (VIII). I f prisoner is convicted for multiple murders whether in single case or several cased'. In this case, as per crime detail, said convict held guilty for committing of two persons i.e. namely Reshma and Aziz-ul-Hasan.

3. The overall conduct and last one year jail convict of the said convict is reported to be unsatisfactory being multiple punishments.

4. Further, as per report received from the office of DG (Prisons), it is stated that considering the serious nature of crime he has committed, his overall conduct being unsatisfactory, absence of report of probation officer, the grant of parole to the above said convict is not recommended at this stage.”

3. Aggrieved by the aforesaid order dated 22.11.2021, the present petition has been preferred for release on parole. Learned counsel for the petitioner submits that the rejection order has been passed on stereo type grounds and the petitioner has already undergone 16 years and 6 months incarceration. It is also submitted that the petitioner lastly availed parole for 30 days as granted in term of W.P. (Crl.) No.1556/2020 from 25.11.2020 to 26.12.2020 and did not misuse the liberty. It is also contended that the rejection of parole for multiple murders is untenable in the eyes of law, since the respondent failed to appreciate that earlier also parole was granted to the petitioner. The punishments dated 12.08.2021 and 15.08.2021 are stated to be pending approval before the jail visiting Judge. It is also submitted that the petitioner’s family comprises of his brother namely Rashid, who is co-accused in the present case and presently out on emergency parole, three sisters and is having deep roots in the society. Reliance is also placed upon (i) Vinod Vs. State of NCT of Delhi W.P.(Crl.) No.2376/2021 decided on 04.02.2022, (ii) Shahjahan Vs. State W.P. (Crl.) No.3945/2018 decided on 18.02.2019, (iii) Asfaq Vs. State of Rajasthan & Ors. (2017) 15 SCC 55, (iv) Sonu @ Ashutosh Tiwari Vs. The State (Govt. of NCT of Delhi) passed in W.P. (Crl.) No.2209/2020 decided on