State surrender date clearly when releasing convicts on parole: Delhi HC

Justice Girish Kathpalia issued the direction on Friday while dealing with a murder convict’s plea against a decision to reject his furlough application

The Delhi High Court has directed jail authorities to provide a written order clearly specifying the surrender date when releasing convicts on parole or furlough, instead of issuing a vague or generic statement.

The court ordered the man’s release on furlough for three weeks, subject to him furnishing a personal bond of ₹10,000. (HT Archive)

Justice Girish Kathpalia issued the direction on Friday while dealing with a murder convict’s plea against the competent authority’s October 2024 decision to reject his furlough application.

The application was rejected on the ground that he had jumped the parole granted in April 2023 and was issued a punishment ticket, which had the effect of barring him from claiming furlough for a year. The man had to be arrested due to his failure to surrender.

Taking note of the situation and the past instances of convicts’ failure to surrender on time due to illiteracy or ignorance, the judge in his 3-page order said, “Earlier also, in few cases it has been observed that on account of illiteracy and ignorance, many a time the convict released on parole or furlough fails to surrender back in time and the delayed surrender leads to punishment, with its consequential effects. In all those cases, directions are being issued by this court to the jail authorities to inform the convicts at the time of their release on parole or furlough, a specific date in writing by which they have to surrender.”

He added, “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.”

Ultimately, the court ordered the man’s release on furlough for three weeks, subject to him furnishing a personal bond of ₹10,000 noting that the period of punishment had expired and there was nothing on record to prove that the man was informed about the date of surrender while being released on parole in 2023.

“There is nothing on record to show that at the time of being released, the petitioner was informed of a specific date on which he had to surrender. In view of above circumstances the petition is allowed and the impugned order is quashed, directing the immediate release of petitioner on first spell of furlough for a period of three weeks,” the court said.