Mohd. Suleman vs State of NCT of Delhi

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Del) 4205

RAJNISH BHATNAGAR
Mohd. Suleman – Appellant
Versus
State of NCT of Delhi – Respondent

Advocates appeared:
Mr. Rohan J. Alva, Advocate, for the Petitioner.
Mr. Sanjeev Bhandari, ASC for the State with Mr. Kunal Mittal and Mr. Saurabh Tanwar, Advocates and with Insp. Yogesh Kumar, PS Jama Maszid.

JUDGMENT

Rajnish Bhatnagar, J. By way of this petition filed under Article 226 of the Constitution of India, the petitioner is seeking the following relief:

"a. Issue a writ in the nature of Certiorari quashing the Order no.F.10(3718433)/CJ/LEGAL/2023/4388 dated 17.01.2023 passed by the Respondent; and

b. Issue a writ in the nature of mandamus directing the respondent to release the petitioner on 1st Spell of Furlough of 03 weeks; or

c. Pass any other order or further orders, which this Hon'ble Court deems fit and proper in the interest of justice."

2. It is submitted by the learned counsel for the petitioner that petitioner was denied furlough vide impugned order dated 17.01.2023 only on the ground that the petitioner did not surrender when he was released on emergency parole on 11.04.2020 for a period of 8 weeks which was further extended time to time due to COVID-19. It is further submitted that the petitioner kept on calling the jail authorities to know the date of his surrender and he was told that his emergency parole was extended from time to time and no such intimation was given to the petitioner with regard to his date of surrender. It is further submitted that the conduct of