Delhi HC slams govt for delay in deciding on paroles

The Delhi High Court criticized the government for delays in parole applications, emphasizing the need for timely decisions to prevent unrest in jails.

The Delhi High Court slammed the government for not deciding on parole and furlough applications of convicts within the mandatory four-week period. The court noted that such delays reflect a lack of sensitivity towards prisoners.

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A bench of justice Neena Bansal Krishna, in the October 8 order, released later, asked the principal secretary of the Delhi government’s Home Department to propose measures addressing these delays.

The court observed that not granting parole within the stipulated time frame can lead to unrest, indiscipline, and anarchy within jail and ultimately defeat the purpose of such a relief.

“It has been repeatedly noted in a number of cases that there is a violation of the Delhi Prison Rules, 2018 with impunity by the concerned authorities, who do not have any sensitivity towards prisoners who are suffering long incarceration. It is not realised that non-grant of parole/furlough within the fixed time frame only results in unrest and defeats the very purpose, which is to enable them to establish family ties and to not fall into depression and stress because of long incarceration,” the court said.

The court criticised the government while dealing with a petition filed by a murder convict seeking one month’s parole.

In his petition, argued by advocate Vrinda Bhandari, the man had asserted that although he had applied for parole on July 22, the authority had failed to take a call even after 50 days. Bhandari further pointed out that the Delhi Prison Rules, 2018 mandate the authorities to take a call in four weeks and the government on September 25 had assured to dispose of the application.

The Delhi government had submitted that the application was still pending before the authority for consideration.

Consequently, the court ordered the man’s release on parole for four weeks but directed the principal secretary of the Home Department to appear in person on the next date, that is November 6, with an explanation and suggestions for addressing the delays.

“However, considering that this court is flooded with these matters and repeated directions have not yielded any result, the principal secretary (Home), NCT of Delhi, is directed to appear in person on November 6 along with an explanation and also the response as to how this problem is sought to be streamlined,” the court maintained.