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IN THE HIGH COURT OF DELHI AT NEW DELHI
MANMEET PRITAM SINGH ARORA
Rahul Dev – Appellant
Versus
State GNCT of Delhi – Respondent
ORDER :
1. This petition has been filed seeking quashing of the rejection order dated 18.10.2024 (‘impugned order’) and further seeking parole for a period of four (4) weeks in light of the Petitioner’s right to procreation and parenthood.
2. Learned counsel for the Petitioner states that though a parole application was duly filed on 10.09.2024, the same has been dismissed by the competent authority vide rejection order dated 18.10.2024 (‘impugned order’) on grounds, which have no bearing on the contents of the application.
3. He states that the grounds referred to in the impugned order dated 18.10.2024 were not the basis of the request of the parole.
4. He states that the Nominal Roll reflects that the Petitioner vide orders dated 29.01.2024 and 01.05.2024 was granted parole by this Court and the Petitioner duly complied with the said orders and surrendered on the expiry of the parole.
5. He states, however, the effect of the said orders passed by the High Court has not been taken into consideration by the Competent Authority in the impugned order dated 18.10.2024 and it continues to rely upon the incident of 2019, which has become stale.
6. He states that Petitioner during parole will
The right to procreation and parenthood is protected under Article 21 of the Constitution, and prior misconduct should not negate a convict's current compliance and genuine needs for parole.
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....
Parole cannot be denied solely based on the nature of the crime if the convict exhibits good conduct and a tendency to reform, ensuring the maintenance of family ties is critical.
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 – 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 court has the discretion to grant parole based on the necessity for the petitioner to perform certain ceremonies for his son's marriage.
Parole serves to maintain family ties and facilitate rehabilitation; denial must be justified by substantial evidence of risk to public order or security.
The main legal point established is the eligibility criteria for parole under Rule 1210 sub rule (II) Delhi Prison Rules 2018, emphasizing the importance of maintaining family and social ties for con....
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