Article 21 Encompasses Within Its Ambit Right To Observe Religious Duties: Delhi High Court Grants Custody Parole To UAPA Prisoner

The Petition before the High Court was filed under Article 226 of the Constitution read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (Section 482 Cr.P.C.), seeking the grant of custody parole for three days to enable the petitioner, who is an under-trial lodged in Tihar Jail, to attend and participate in the Fathiha ceremony of his deceased mother-in-law.

The Single Bench of Justice Ravinder Dudeja held, “It is a well-settled principle of law that a prisoner, whether convicted or under-trial, continues to enjoy the protection of the fundamental rights guaranteed by the Constitution, save to the extent curtailed by the fact of lawful detention. Article 21 of the Constitution guarantees the right to life and personal liberty, which encompasses within its ambit the right to live with human dignity and to observe one’s religious duties and personal obligations.”

Advocate Adit S Pujari represented the Petitioner, while Special Public Prosecutor Rahul Tyagi represented the Respondent.

Factual Background

The charges against the petitioner were under Sections 120B,153A of the IPC and Sections 13,17,18,18A,18B,22C,38 and 39 of the Unlawful Activities (Prevention) Act, 1967. The Petitioner had filed an application for custody parole before the trial court, but the same was dismissed on the ground that the death of his mother-in-law had occurred about two years earlier, and no prior request for such permission was made. The Trial Court also noted that no material was placed to show that his personal presence was indispensable for performing the Fathiha ceremony. Aggrieved thereby, the petitioner approached the High Court.

Reasoning

The Bench was of the view that the purpose of custody parole is to allow a prisoner to attend to pressing humanitarian or personal obligations such as funerals, last rites, or significant family functions, under the strict supervision of the authorities. “It is a temporary measure, humane in character, that ensures a balance between the interests of justice and human dignity”, it added.

Explaining that the relief of custody parole is granted to the inmates for specific eventualities which is governed by Rule 1203 of the Delhi Jail Manual,2018, the Bench held that the purpose of custody parole is to allow a prisoner to attend to pressing humanitarian or personal obligations such as funerals, last rites, or significant family functions, under strict supervision of the authorities. It is a temporary measure, humane in character, that ensures a balance between the interests of justice and human dignity.

“In the present case, the request of the petitioner is limited to attending the Fathiha ceremony of his deceased mother-in-law. The same is rooted in religious and cultural obligation, and the duration sought is minimal. There is nothing on record to suggest that the petitioner has misused any earlier concession of bail or parole, or that he poses a security threat if escorted under proper supervision”, the order read.

Taking note of the nature of the request, its limited duration, and the assurance of the petitioner to bear all expenses of the escort, the Bench allowed the Petition by imposing necessary safeguards. “Accordingly, it is directed that the petitioner shall be released on custody parole for two days (excluding the journey time), i.e. from 23.10.2025 to 24.10.2025, to enable him to attend and participate in the Fathiha ceremony of his deceased mother-in-law at his residence situated at Gulbarga, Karnataka…”, it ordered.

Cause Title: Shahid Nasir v. National Investigation Agency and Anr. (Case No.: W.P.(CRL) 5/2025)

Appearance

Petitioner: Advocates Adit S Pujari, A Nowfal, Mohammad Annus, Shereef K.A., Md. Arif Hussain, Manvendra Singh Sekhawat, Sanu Mohammed

Respondent: Special Public Prosecutor Rahul Tyagi

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