Parole Serves Reformative Measure Grounded In Article 21 Of Constitution, Ensuring Right To Life With Dignity Even During Incarceration: Delhi High Court

The Delhi High Court observed that parole also serves a reformative and humanitarian purpose by preserving family ties and supporting rehabilitation, which is also grounded in Article 21 of the Constitution, ensuring the right to life with dignity even during incarceration.

The petitioner -convict had sought urgent directions to the authorities for the grant of parole for a period of eight weeks who is undergoing life imprisonment As per the nominal roll dated 03.10.2025, the Petitioner has completed 15 years, 11 months, and 28 days of actual incarceration, and has earned 2 years, 2 months and 12 days of remission, aggregating to over 18 years and 2 months of custody. Counsel for the petitioner submitted that the order of the sentence review board has been passed mechanically, basing its entire reasoning on the incorrect jail punishments.

The Single-Judge Bench Justice Arun Monga Stated that, “ While parole, no doubt, is a concession, but it is, in essence, a reformative measure grounded in Article 21 of the Constitution, ensuring the right to life with dignity even during incarceration.”

Also added, “ I may hasten to add here that parole also serves a reformative and humanitarian purpose by preserving family ties and supporting rehabilitation. 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.”

Advocate Sarthak Maggon appeared for the Petitioner, and ASC (Criminal) Yasir Rauf Ansari for the Respondent.

Brief Facts

Petitioner was convicted in a case under Sections 302,397,34 of the IPC. He has been sentenced to undergo life imprisonment, out of which he has completed over 18 years of incarceration with remission. The Petitioner sought temporary release on parole to be with his ailing wife, who is suffering from various diseases, and maintain social ties with his daughter, who is settled in Australia.

Cause Title: Deepak Nanda v. State of NCT of Delhi (W.P.(CRL) 2682/2025)

Appearance

Petitioner Advocate Sarthak Maggon, Advocate Raunak Parmar, and Advocate Aditya Kumar.

Respondent ASC (Criminal) Yasir Rauf Ansari, Advocate Alok Sharma.

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