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* IN THE HIGH COURT OF DELHI AT NEW DELHI

Judgment reserved on: 04.11.2025

% Judgment delivered on: 07.11.2025

+ W.P.(CRL) 2639/2025 & CRL.M.As. 24952-54/2025

DEEPAK SRIVASTAV .....Petitioner

Through: Mr.Ritesh Kumar Chowdhary, Adv. with Mr.Faheem, Adv.

versus

STATE OF NCT OF DELHI & ORS. .....Respondents

Through: Mr.Rahul Tyagi, ASC (Crl.) with Mr.Sangeet Sibou, Mr.Aniket Kumar Singh and Mr.Priyansh Raj Singh Senger, Adv. for R-1 to R-3.

CORAM:

HON'BLE THE CHIEF JUSTICE

HON'BLE MR. JUSTICE TUSHAR RAO GEDELA

J U D G M E N T

DEVENDRA KUMAR UPADHYAYA, C.J.

1. Proceedings of this petition have been instituted under Article 226 of the Constitution of India seeking a prayer to declare Clause F(3) of the Standing Order No. 1/2019 dated 26.03.2019 issued by the Director General (Prisons) as ultra vires the Constitution of India being violative of Article 14 and 21, as well as Delhi Prison Act and Rules made thereunder.

2. Alternatively, it has also been prayed that the aforesaid provision of the Standing Order may be struck down/ modified to the extent the same imposes 01 year ‘watching period’ after return of the convicts to jail whose appeals have been dismissed and ho