Convicted Foreigner Gets Parole For Filing SLP, Delhi HC Says Severity Of Offence/ Free Legal Aid Not Ground To Revoke Such Entitlement

The Delhi High Court has observed that the right of a convict to file a Special Leave Petition before the Supreme Court cannot be denied solely based on the severity of the offence or the availability of free legal assistance even if such a plea can be filed from jail itself.

The Court said that every individual has the right to “effectively pursue their legal recourse in the ultimate court of justice within the nation” accomplished by submitting a SLP through a chosen legal representative.

The court was dealing with a murder convict’s plea seeking parole for a period of eight weeks for filing for SLP before the Supreme Court. He also sought the relief for seeking specialized opinion in respect of his medical ailments and for maintaining social ties.

The jail superintendent in April dismissed the convict’s parole application on the ground that he was a foreign national and that the relief could not be granted to him due to gravity of offence. It was also observed that the address given by him for his stay in case he is released on parole was unverifiable and thus, he might abscond.

Granting relief to the convict, the court observed: “This [filing SLP] is an invaluable entitlement that should not be denied solely based on the severity of the offense or the availability of free legal assistance, even if the SLP can be filed from jail itself.”

Justice Bhatnagar observed that the entitlement of an individual to access a lawful solution in the ultimate court of the country, which is “often seen as a final glimmer of hope”, cannot be refused for such reasons.

“It goes without saying that the act of utilizing the legal recourse available in the highest court of the land is a privilege bestowed upon the petitioner, and this court has no intention of revoking that right,” the court said.

Accordingly, the court granted parole to the convict for three weeks subject to his furnishing of a personal bond of Rs.25,000 with one surety in like amount, to the satisfaction of the concerned Jail Superintendent.

“The petitioner shall not leave the NCT of Delhi without the prior permission of this Court and he shall reside at the address which shall be provided by the petitioner at the time of his release. The petitioner shall deposit his passport with the jail superintendent if not already deposited,” the court said.

Advocate Sarthak Maggon appeared for the petitioner.

ASC Nandita Rao appeared for the State. Senior Panel Counsel Amit Tiwari appeared for Union of India.