Administrative Delay In Deciding Parole Can't Prejudice Convict's Rights: Delhi High Court
The Delhi High Court has observed that the administrative delay by the authorities in deciding the parole application cannot be allowed to prejudice the rights of the convict.
Justice Arun Monga said that while parole is a concession, it is a reformative measure grounded in Article 21 of the Constitution of India, ensuring the right to life with dignity even during incarceration.
The Court added that parole serves a reformative and humanitarian purpose by preserving family ties and supporting rehabilitation.
The judge was dealing with a plea filed by a murder convict awarded life imprisonment seeking release on parole for eight weeks.
The relief was sought to be with his ailing father who was suffering from various diseases and also to maintain social ties with his daughter who is settled in Australia.
As per the nominal roll, the convict had completed 15 years, 11 months and 28 days of actual incarceration, and had earned 2 years, 2 months and 12 days of remission, aggregating to over 18 years and 2 months of custody.
It was his case that the order of the sentence review board was passed mechanically basing its entire reasoning on the incorrect jail punishments.
Granting relief to the convict, Justice Monga said that his case was not taken on the administrative side, despite specific judicial directions. The Court said that usual delays were being taken as an excuse qua the non-compliance.
“Despite directions dated 16.09.2025 requiring a decision on his parole within two weeks, the authorities failed to comply. Such administrative delay cannot be allowed to prejudice the petitioner's rights,” the Court said.
It directed the convict to be released on parole and directed him to surrender within a period of four weeks.
Title: DEEPAK NANDA v. STATE OF NCT OF DELHI
Citation: 2025 LiveLaw (Del) 1339