Applications For Furlough, Parole Can Be Considered During Pendency Of Appeal Against Conviction Before Supreme Court: Delhi High Court
The Delhi High Court has ruled that applications for furlough and parole of a convict can be considered by the prison authorities during the pendency of their appeals against conviction before the Supreme Court.
A division bench comprising Justice Prathiba M Singh and Justice Amit Sharma said that the Delhi Prison Rules do not bar consideration of parole and furlough if the matter is pending before the Supreme Court.
The Court said that it is an altogether different question as to whether in the facts of a specific case, the prison authorities ought to grant parole or furlough, if the Supreme Court is seized of the matter either in a Special Leave Petition or in an Appeal.
“The grant or non- grant of the parole and furlough on merits would depend on the facts of each case. There could be a situation wherein the Supreme Court may have specifically refused to grant suspension of sentence or refused bail to a particular convict. In such cases a deeper scrutiny would be required by the prison authorities as to whether parole or furlough could be granted to the convict,” the Court said.
It added that the mere fact that the authorities can exercise power would not mean that parole or furlough ought to be granted as a matter of right. The Court said that the authorities would have to bear in mind the non-grant of suspension or bail by the Supreme Court or other relevant circumstances and the same may have an impact on the consideration of parole or furlough.
“The question in this reference is whether there is a bar on the consideration of parole/furlough while pendency of Special Leave Petition or Appeal before the Supreme Court, which clearly as per Note 2 of Rule 1224, there is none. The prison authorities can consider a particular case for grant of parole/furlough if the Special Leave Petition or Appeal is pending in the Supreme Court, however, whether the same could be granted or not is an altogether different issue which would be depend on the facts of each case,” the Court said.
The Bench was dealing with a batch of pleas seeking furlough under the Delhi Prison Rules, 2018 during the pendency of convicts' appeals before the Supreme Court. The mater was referred to the division bench by the single judge which framed various questions.
Answering the reference, the Court held that Note 2 to Rule 1224 of the Delhi Prison Rules, 2018, cannot be interpreted to hold that the right of prisoners to apply for parole or furlough is barred, while their Criminal Appeal or Special Leave Petition is pending adjudication before the Supreme Court.
“Since mere pendency of Criminal Appeal/Special Leave Petition before the Hon'ble Supreme Court cannot be taken as a bar for release on furlough, each case would be determined on its own eligibility criteria as per Rules by the Competent Authority and the same would be subject to judicial review under Article 226 of the Constitution of India by the High Court,” the Court said.
It added: “In view of the above position, it is clear that the power to suspend sentence and grant bail is distinct from the power to grant parole or furlough. Thus, while appeals are pending before a higher forum, grant of parole and furlough can be considered as per the applicable prison rules by the jail authorities.”
Title: BUDHI SINGH v. STATE OF NCT OF DELHI and other connected matters