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RAJNISH BHATNAGAR
Omid Hussain Khil @ Umed Milad – Appellant
Versus
State of NCT of Delhi – Respondent
JUDGMENT
Rajnish Bhatnagar, J.
1. By way of this present writ petition filed under Article 226 of the Constitution of India read with Section 482 Cr.P.C., the petitioner is seeking the following relief:
"a) Issue a Writ in the nature of mandamus directing the Respondents to release the Petitioner on parole for a period of eight weeks for filing Special Leave Petition before the Hon'ble Supreme Court, for seeking specialized opinion in respect of medical ailments and for maintenance of social ties, and/or
b) Pass any other or further orders/directions as may be deemed fit by this Hon'ble Court in bonafide interest and furtherance of justice."
2. Heard.
3. Records perused.
4. Learned counsel for the petitioner submitted that the petitioner vide judgment dated 28.09.2021 was convicted for the offences under Section 302 IPC and vide order on sentence dated 05.10.2021, he was awarded life imprisonment. He further submitted that till now the petitioner has undergone a period of 121/2 years. He further submitted that due to this prolonged period of continuous incarceration, the petitioner has been suffering from grave mental health repercussions including severe medical ailments like insomnia, g
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.
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 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 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 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.
Parole is not guaranteed for convicts with serious offenses; public safety and the nature of criminal history are crucial factors in denial of short-term bail.
Point of Law : If a person commits any crime, it does not mean that by committing a crime, he ceases to be a human being and that he can be deprived of those aspects of life which constitute human di....
The right to seek treatment under Article 21 of the Constitution of India can influence the decision regarding parole, especially in cases of medical necessity.
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