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SWARANA KANTA SHARMA
Sartaj @ Allaharakha – Appellant
Versus
State of NCT of Delhi – Respondent
JUDGMENT
Index to the Judgment
Factual Background
Arguments By Learned Counsels
Relevant Rule Governing Grant Of Parole: Rule 1210 (II) Of Delhi Prison Rules, 2018
Conduct Of The Petitioner During Judicial Custody
Need To Balance Long Period Of Incarceration With Right To Mental Health Of Prisoners
i. Inadequacy Of Existing Prison Rules To Deal With Mental And Emotional Well-Being Of The Convicts
ii. Reformation And Prison Health
iii. Report Of Amicus Curie
The Judicial Recognition Of Pain Of Long Incarceration Of A Person
Directions Apropos Ensuring Mental And Emotional Health Of Prisoners
Conclusion
Swarana Kanta Sharma, J.
1. The present writ petition under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 ('Cr.P.C.') has been filed by the petitioner seeking issuance of writ in the nature of certiorari for quashing of order dated 18.01.2023 passed by respondent rejecting the application of the petitioner seeking parole, and also for issuance of writ in the nature of mandamus directing the respondent to release the petitioner on parole for a period of 08 weeks for engaging a counsel of his own choice for filing Special Leave Petition ('SLP
The main legal point established in the judgment is that a convict's repeated violations of prison rules can disentitle them from seeking parole, while also highlighting the need for regular counseli....
Parole serves to maintain family ties and facilitate rehabilitation; denial must be justified by substantial evidence of risk to public order or security.
Parole – Convicts have right to breathe fresh air for short periods – Any objection raised by local inhabitants/relative cannot be sole determinative basis for refusing parole.
The right to file an SLP before the Supreme Court is a valuable right that should not be denied based on past conduct.
Parole cannot be denied solely based on objections from the victim's family; solid evidence is required to substantiate claims of danger or public disorder.
Parole cannot be denied solely based on the nature of the conviction; maintaining family ties and demonstrating good conduct are paramount for rehabilitation and reform.
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....
Parole rejection invalid if solely based on offence nature without evidence of threat to state security or public order; releasing authority must independently assess good conduct and reform potentia....
The court upheld the DPAC's discretion in denying parole, emphasizing the need for valid concerns regarding law and order and the applicability of the old Parole Rules of 1958.
Releasing authority must independently assess parole applications beyond district non-recommendation; good conduct prisoners entitled to temporary release for family ties despite serious offence, abs....
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