Give Written Note Of Surrender Date To Convict During Release On Parole, Furlough To Avoid Ambiguity: Delhi High Court To Jail Authorities

The Delhi High Court has directed the jail authorities in the national capital to ensure that a written note of date of surrender is handed over to the convict at the time of releasing him or her on parole or furlough after taking their acknowledgement to avoid any ambiguity.

Justice Girish Kathpalia said that in various cases, it is seen that due to illiteracy and ignorance, the convict released on parole or furlough fails to surrender back in time and the delayed surrender leads to punishment.

The Court said that in such cases, judicial directions are issued to the Jail Authorities to inform to the convicts at the time of their release on parole or furlough, a specific date in writing by which they have to surrender.

“In this regard, instead of a bald statement on behalf of the Jail Authorities that they had informed the convict about the date of surrender, it would be appropriate that a written note of date of surrender is handed over to the convict at the time of releasing him on parole or furlough after taking his acknowledgement on a copy of the said written note, so that there is no ambiguity,” the Court ordered.

Justice Kathpalia was dealing with a plea filed by a convict challenging the order rejecting his application for being released on furlough. He sought that he be released for three weeks.

His application was rejected on the ground that he jumped the parole and was punished with a warning, which had the effect for a period of one year on eligibility to claim furlough.

Ordering his release, the Court noted that there was nothing on record to show that at the time of being released, he was informed a specific date on which he had to surrender.

It further noted that there was no material to corroborate the statement made in the prosecution's status report that he was intimated about his date of surrender on mobile phone.

The Court observed that there was apparently genuine confusion in the minds of many such convicts qua the date of surrender.

It directed that the petitioner be released on first spell of furlough for a period of three weeks.

Title: Mohd Alam v. STATE OF NCT OF DELHI

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