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DINESH KUMAR SHARMA
Raj Kumar @bheema – Appellant
Versus
State NCT of Delhi – Respondent
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)--The present petition has been filed seeking following prayer:
a. Issue a writ in the nature of Mandamus directing the respondent to release the petitioner on parole for a period of two months;
2. The writ petition has been filed under Article 226 of the Constitution of India for a grant of two months of parole to find an efficient and experienced lawyer and arrange resources for filing SLP before the Hon'ble Supreme Court against the impugned judgment of the Hon'ble Delhi High Court.
3. Learned counsel for the petitioner submits that the petitioner has been in custody for the last 14 years and his request for grant of parole for filing SLP has been rejected wrongly by the concerned authority.
4. Learned counsel for the respondent has submitted that the request for parole has been rejected in accordance with the Parole Rules. It has further been submitted that the accused is involved in the following cases:
[IMG]
5. Learned counsel for the respondent submits that the request for parole has been rejected vide communication dated 25.01.2023 which reproduced as under:
[IMG]
6. Learned counsel for the respondent submits that therefore, there is
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 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.
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 to file an SLP before the Supreme Court is a valuable right that should not be denied based on past conduct.
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 gravity of the offence should not be the sole ground to deny parole, and individuals have the right to pursue legal recourse regardless of the severity of the offence or foreign nationality.
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