Delhi High Court Deprecates Practice Of Filing Writ Petition For Grant Of Parole Instead Of Approaching Competent Authorities

The Delhi High Court has deprecated the practice of filing writ petitions for grant of parole instead of approaching the competent authorities for seeking the relief.

Justice Dinesh Kumar Sharma was hearing a plea moved by one Manmohan Singh alias Monu seeking second spell of furlough for two weeks or grant of parole for 30 days in a gang rape case registered against him in 2008.

The FIR was registered at Tilak Nagar police station for the offences under Sections 376(2)(g) [punishment for gang rape], 328 [causing hurt by means of poison, etc., with intent to commit an offence] and 34 [common intention] of Indian Penal Code, 1860.

It was Singh’s case that furlough was granted to him on June 23 and he was required to surrender on August 01. He contended that he needed to undergo surgery which was scheduled on August 05 at Deen Dayal Upadhyay, Hospital.

However, the prosecution took the stand the practice of filing a writ petition for grant of furlough is increasing and that Singh, instead of approaching the competent authorities in time, filed the petition in the “nick of time.”

“This court deprecates this practice of filing the writ petition for grant of parole instead of moving to the competent authorities,” the court observed.

Justice Sharma disposed of the plea observing that there was no substance in the petition. However, the court directed the Jail Superintendent to ensure that Singh is taken to the hospital and the surgery is conducted as per medical advice.

“The petition stands disposed of. In the meanwhile, the application (for parole) dated 27.07.2023 be also decided within 3 days by the competent authority,” the court said.

Case Title: MANMOHAN SINGH @ MONU v. STATE (NCT OF DELHI)

Citation: 2023 LiveLaw (Del) 655

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