* IN THE HIGH COURTOF DELHI AT NEW DELHI % Reserved on: 29^th October, 2025 Pronounced on: 06^th April 2026 + W.P. (CRL) No. 1336/2025, CRL.M.A. 12561/2025 RAJAB ALI @ BABLOO S/o Liyakat Ali (Presently confined in CJ-02, Tihar, New Delhi) ....Petitioner Through: Ms. Vrinda Bhandari, Ms. Vanshita Gupta, Ms. Shrutika Pandey and Ms.

Ragini Nagpal, Advocates.

versus

1. STATE (NCT OF DELHI)

Through the Home Department

5th Level, C-Wing, Delhi Secretariat New Delhi-110002 .....Respondent No. 1

2. DIRECTOR GENERAL OF PRISONS CJ-02, Tihar, New Delhi-110064 ....Respondent No. 2 Through: Mr. Sanjeev Bhandari, ASC with SI Seema, PS Gandhi Nagar.

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

J U D G M E N T

NEENA BANSAL KRISHNA, J.

1. Writ Petition under Article 226 of the Constitution of India read with Section of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as „B.N.S.S.‟), has been filed on behalf of the Petitioner, Rajab Ali @ Babloo for quashing of the Minutes of the Meeting of Sentence Review Board dated 30.08.2024 and 19.09.2024, duly approved by the Hon‟ble Lt. Governor, Delhi, rejecting his premature release and has further sought issuance of appropriate Writ for directing his premature release.

2. The Petitioner has submitted that FIR No. 216/2003 under Section 376 of the Indian Penal Code, 1860 (hereinafter referred to as „IPC‟), Police Station Gandhi Nagar, was registered and the Petitioner was arrested on 26.01.2003 on the allegation of allegedly raping a 3.5-year-old child, on 21.01.2003. The Court of learned ASJ, Delhiconvicted him under Section 376 IPC on 21.12.2005 and sentenced him on 22.12.2005, to undergo Life Imprisonmentand also imposed fine, under Section 376 IPC.

3. The Criminal Appeal No. 58/2006 was dismissed by this Court on 22.01.2010 and the Order of Conviction and Sentence was upheld. To the knowledge of the Petitioner, no SLP was ever preferred before the Hon‟ble Supreme Court of India and thus, the Order of conviction and sentence, attained finality.

4. The Petitioner has stated that he is in judicial custody since 26.01.2003 and has been in actual custody for nearly 22 years, 06 months, 27 days. The Petitioner is presently in Semi-Open Jail, Central Jail No. 2, Tihar and is working as a cleaner/sweeper/helper.

5. The case of the Petitioner was considered for the first time by the SRB for pre-mature releaseon 06.01.2016, in view of the fulfilment of the conditions for pre-mature release. However, vide Minutes of Meeting dated 06.01.2016, the SRB rejected the Petitioner‟s premature release on the basis of nature and gravity of the offence and the threat to the family of the victim, despite the recommendation of the Chief Probation Officer. This was followed by second rejection by SRB vide its Minutes of Meeting dated

01.09.2016.

6. Thereafter, the Petitioner suffered third Rejection by on similar grounds as earlier rejections, and also by observing that there was opposition by the Police.

7. The Petitioner has submitted that he thereafter, suffered 06 other Rejections vide Minutes of Meeting dated 28.02.2020; 05.08.2020 and

06.08.2020; 11.12.2020; 25.06.2021; 21.10.2021 and 30.06.2023.

8. The Petitioner faced his 10^th Rejectionvide Minutes of Meeting of SRB dated 30.08.2024 and 18.09.2024; again, on the basis of heinousness and manner of crime, gravity and perversity of the crime, age of the convict and strong opposition by the Police authorities, etc.

9. The details of the rejection by SRB, are detailed as under:-

10. Thus, the case of the Petitioner has been placed before Sentence Review Board (SRB) for 10 times from September 2007 till September 2024 and lastly, on 30.08.2024 and 19.09.2024. On every occasion, the case of the Petitioner has been duly considered and SRB but rejected keeping in view the gravity of the offence, minor age of the child, opposition of Police authorities and the larger interest of the society.

11. To explain his good conduct, the Petitioner has enumerated that was awarded on