Long Incarceration Without Parole & Furlough Can Lead To Anarchy In Jail: Delhi High Court Blasts Authorities For Flouting Prison Rules

The Delhi High Court has blasted the Jail Authorities for flouting the Delhi Prison Rules, 2018 and remarked that they do not have any sensitivity towards the prisoners suffering long incarceration.

The Court was considering a Writ Petition seeking grant of parole in a case registered under Section 302 of the Indian Penal Code, 1860.

The bench of Justice Neena Bansal Krishna observed, "It has been repeatedly noted in number of cases that there is violation of the Delhi Prison Rules, 2018 with impunity by the concerned Authorities, who do not have any sensitivity towards the prisoners like Petitioners, who are suffering long incarceration. It is not realized that non-grant of Parole/Furlough within the fixed time frame, only results in unrest and defeats the very purpose of Parole/Furlough, which is to enable them to establish family ties and to not fall into depression and stress because of long incarceration."

The Petitioner was represented by Advocate Vrinda Bhandari while the Respondent was represented by Assistant Standing Counsel Rupali Bandhopadhya.

Counsel for the Petitioner had applied for Parole on the ground of maintaining social ties and family relations and to curb inner stress and depression due to incarceration and also to take care of his father, who has been recently discharged from hospital on account of old age related issues. It was averred that even after lapse of more than one month and twenty days, no decision has been taken by the competent Authority.

The Court pointed out that it was noted that that as per Delhi Prison Rules, 2018, Parole Application has to be decided within a period of four weeks.

It thus slammed the Jail Authorities for flouting the Delhi Prison Rules, 2018 and being "insensitive" towards prisoners suffering long incarceration.

"Such instances, which have been repeatedly demonstrated by the State agencies, only show their defiance to the very objective of introducing provisions of Furlough/Parole and have no respect or care for the prisoners and their mental and physical health. It also reflects that they are not cognizant that such long incarceration without break by way of Parole and Furlough, can in fact lead to a situation of indiscipline and anarchy in the Jail itself. In fact, Furlough/Parole is only to ensure that the discipline in the jail, is maintained by taking care of the prisoners", the Court observed.

It further observed that many Orders have been passed directing the State Agency to show some sensitivity but it seems that it is too tall a claim to ask from the Respondent, who sitting in their offices, have no respect/regard either for law or for the persons in Jail.

The Petition was accordingly allowed.

Cause Title: Lalit @Lucky v. State of NCT of Delhi

Appearances:

Petitioner - Advocate Vrinda Bhandari, Advocate Pragya Barsaiyan

Respondent - Assistant Standing Counsel Rupali Bandhopadhya,  Advocate Abhijeet Kumar, Advocate Amisha Gupta

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