Delhi High Court: Even Murder Convicts Have Right to Life; His Status Not Reduced To Chattel If Confined To Jail For Long

The Delhi High Court has observed that convicts can't be deprived of their basic Right to Life and being confined to jail doesn't reduce their status to that of a chattel.

The Court was considering a Writ-Petition filed by a Convict seeking release on Parole for four weeks as he is undergoing Life Sentence for offences under Section 302/376(2)(f) of the India Penal Code, 1860.

The single bench of Justice Neena Bansal Krishna observed, "It cannot be overlooked that he has been in jail for more than 20 years; may be for a crime that he has committed but that does not denude him of his basic Right to Life. Merely because he is confined to jail, does not reduce his status to that of a chattel, bereft of any basic Fundamental Human Rights. It is high time that the Jail Authorities demonstrate a little more sensitivity in dealing with such matters."

The Petitioner was represented by Advocate Mohd. Sheikh Noor while the Respondent was represented by Additional Standing Counsel Rahul Tyagi.

Facts of the Case

It was submitted that the Petitioner had applied for grant of Parole on November 26, 2024 despite which his Application was not decided. The Petitioner had sought the copy of his Parole Application from the Authority for annexing along with the Petition but his request was rejected. He has no other alternative efficacious remedy but to seek a Parole from the Court by way of the present Petition. It was further submitted that the Parole/Furlough has been availed many a times by the Petitioner and he has never misused the liberty granted except during the Emergency Parole in COVID-19 period wherein he surrendered late. It was contended that the delay in surrender was purely because he had no knowledge of the date of surrender. Thereafter also, he was granted Parole after consideration of ground of late surrender.

It was submitted that the Petitioner’s overall jail conduct was satisfactory and he had not received any punishment except one. It was further submitted that his family comprises of his wife, who is working from home as a tailor and he has two daughters and two sons, who are all minor and school going and he belongs to poor strata of the society.

He further submitted that he would reside at the address mentioned in the Memo of Parties and his family members or friends would stand as surety for him. In case, the Parole is granted, he undertakes to abide by all the terms.

Reasoning By Court

The Court at the outset observed that the most glaring aspect is that despite an Application for Parole being filed in November, 2024, it does not get decided within the mandated one month period but it takes a Writ Petition and a Notice for the Jail Authorities, to decide a Petition and that too in the most arbitrary way.

It strongly disapproved off 'late surrender' as ground of rejection.

"Once, the Court has specifically observed that this is not a valid ground for denying Parole, the insistence to persist in making this as a ground of rejection of Parole every time compelling the Petitioner to come to the Court, is neither warranted nor appreciated. The Jail administration must be conscious and aware of the Orders being made by the Court and follow them scrupulously," the Court observed.

It further observed that the other ground which was the conduct of the convict, was not satisfactory. The Court stressed that he can't be deprived of his basic Right to Life which even a murder convict possesses.

Cause Title: Mohd. Sheikh Noor Hussain vs. State NCT Of Delhi

Appearances:

Petitioner- Advocate Sheikh Noor, Advocate Zeeshan Diwan

Respondent- Additional Standing Counsel Rahul Tyagi, Advocate Mathew M. Philip, Advocate Sangeet Sibou, Advocate Aniket Kumar Singh

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