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2022 Supreme(Del) 400

ANOOP KUMAR MENDIRATTA
Sikandar – Appellant
Versus
State of Delhi – Respondent


Advocate Appeared:
For the Appellant :Mr. Shiv Chopra, Ms. Aadhyaa Khanna & Ms. Nishtha Jain, Advocates.
For the Respondent:Mr.Avi Singh, ASC for the State with Mr. Karan Dhalla & Ms. Mizba Dhebar, Advocates & with SI Dharmendra Kumar

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

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