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SWARANA KANTA SHARMA
Ved Yadav – Appellant
Versus
State of NCT of Delhi – Respondent
JUDGMENT
Swarana Kanta Sharma, J. By way of present petition under Article 226 of Constitution of India read with Section 482 of Code of Criminal Procedure, 1973, the petitioner seeks issuance of writ of certiorari for quashing of order dated 09.01.2023 passed by respondent/State rejecting the petitioner's application for grant of parole, and for issuance of writ of mandamus directing the respondent to release the petitioner on parole for a period of two months.
2. The petitioner is presently confined in Central Jail No. 2, Tihar, New Delhi. By virtue of judgment and order on sentence dated 11.10.2019, the petitioner was convicted under Sections 302/324 of Indian Penal Code, 1860, in case FIR bearing no. 421/2012 registered at Police Station Samaypur Badli, Delhi, and was sentenced to undergo rigorous imprisonment for life. His appeal against conviction i.e. Crl.Appeal No.1427/2019 was dismissed by this Court vide judgment dated 30.10.2022. In relation to this case, the petitioner has undergone sentence of almost 8 years and 10 months in jail.
3. The petitioner seeks parole for two months to find a suitable advocate and arrange financial resources for filing Special Leave Petition
The right to file an SLP before the Supreme Court is a valuable right that should not be denied based on past conduct.
A convict's right to pursue legal remedies, including filing an SLP, cannot be denied solely on the basis of past conduct or availability of legal aid.
The right of a citizen to avail a legal remedy in the Honb'le Supreme Court cannot be denied to a prisoner merely on the grounds of being convicted for serious offenses.
The denial of parole solely based on pending cases or the availability of free legal aid violates the constitutional rights of the accused. Filing a Special Leave Petition (SLP) before the Supreme Co....
The denial of parole based on the availability of free legal aid violated the petitioner's constitutional right to engage a counsel of his choice, and the competent authority has discretion to grant ....
The aim of parole is to provide a chance for prisoners to reintegrate into society and to assess their ability to live as law-abiding citizens, and the court must balance the interests of society and....
The main legal point established in the judgment is the eligibility for parole under the Delhi Prison Rules-2018, specifically focusing on the petitioner's failure to fulfill the conditions of furlou....
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