BUDHI SINGH vs STATE OF NCT OF DELHI - 2025 Supreme(Online)(Del) 5676

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Online)(Del) 5676

IN THE HIGH COURT OF DELHI AT NEW DELHI
PRATHIBA M. SINGH, AMIT SHARMA, JJ
BUDHI SINGH – Appellant
Versus
STATE OF NCT OF DELHI – Respondent

Advocates:
For the Appellants/Petitioners: Mr. Mohit Mathur, Sr. Adv., Mr. Aman Panwar, Mr. Akash Panwar, Mr. Abhinav Kumar, Advs., Mr. Rohan J. Alva, Adv., Mr. Zeeshan Diwan, Adv., Mr. Arjun Malik, Adv., Mr. Siddharth Yadav, Adv.
For the Respondents: Mr. Rahul Tyagi, ASC (Crl.), Mr. Jatin, Mr. Mathew M. Philip, Mr. Sangeet Sibou, Advs.

Judgement Key Points

The court held that furlough applications can be considered by the executive during the pendency of appeals before the Supreme Court, and restrictions in prison rules that bar this right during such appeals violate constitutional provisions [p_71-74]. It also clarified that the terms 'High Court' and 'Supreme Court' are distinct in the rules, and the denial of furlough solely based on pending appeals in the Supreme Court would be unconstitutional, affirming the constitutional rights of prisoners to seek furlough even when appeals are ongoing [p_154-157][p_488-491].

Table of Content
1. petitioners seeking furlough under prison rules. (Para 1)
2. issues framed for consideration by the court. (Para 3 , 6)
3. 'derogation of power' principle and its relation to furlough. (Para 8 , 12)

JUDGMENT

`Can Furlough applications be considered by the Executive during the pendency of Appeals before the Supreme Court?’

1. The present petitions have been filed under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 , (for short, ‘CrPC’) on behalf of the captioned respective Petitioners who CRL.REF. 1/2025 & other connected matters Page 4 of 105 Signature Not Verified Digitally Signed seek furlough under the Delhi Prison Rules, 2018 (hereinafter referred to as ‘Prison Rules’) during the pendency of their appeals before the Hon’ble Supreme Court.

FACTUAL BACKGROUND

2. Petitioner, Budhi Singh in W.P.(CRL) 697/2022, Basant Vallabh in W.P.(CRL) 997/2022, Suresh Chand Sharma in W.P.(CRL) 1044/2022 and Jai Pal Singh in W.P.(CRL) 1067/2022 had preferred the present petitions seeking first spell of furlough under the Prison Rules from the competent authority which was rejected on the ground of pendency of their appeals bef

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2025 Supreme(Online)(Del) 5676

IN THE HIGH COURT OF DELHI AT NEW DELHIPRATHIBA M. SINGH, AMIT SHARMA, JJBUDHI SINGH – AppellantVersusSTATE OF NCT OF DELHI – Respondent

IN THE HIGH COURT OF DELHI AT NEW DELHI
PRATHIBA M. SINGH, AMIT SHARMA, JJ
BUDHI SINGH – Appellant
Versus
STATE OF NCT OF DELHI – Respondent