Reasonable & In Best Interest Of Child's Welfare: Delhi HC Grants One Month Parole To Life Convict For Accompanying Son To Board Examinations

The Delhi High Court has granted one month's parole to a murder convict, sentenced to life imprisonment, for accompanying his son for Board examinations, observing that his presence is both reasonable and in the best interest of the child's welfare.

“Considering the importance of parental involvement in a child's education, it is important to facilitate such opportunities, particularly in circumstances where the father demonstrates a commitment to his parental responsibilities, and where the other parent i.e. the petitioner's wife may not be in a position to accompany the son to examination centre,” Justice Swarana Kanta Sharma said.

Justice Sharma said that while dealing with such issues, the Court must balance the competing interests of the State as well as the inherent responsibility of parents towards their children as well as their academic pursuits.

“Considering the aforesaid facts and circumstances, and also the fact that the petitioner has been granted interim bail and furlough previously and that he had never misused the liberty granted to him, this Court is inclined to grant parole to the petitioner for a period of one month from the date of his release…,” the court said.

The convict, Vijay Dahiya, has been confined in Tihar Jail after his conviction in a murder case in 2018. His appeal against conviction was dismissed by the High Court in June last year.

It was his case that despite there being two judicial orders directing the authorities to treat his petition as a representation and decide it on merits, his parole application was not decided.

He sought parole for a month and submitted that he is required to take his child to the examination center as he has to appear for his board examinations starting from February 21 to March 13.

“This Court, after careful consideration of the facts and circumstances, is of the opinion that presence of the petitioner to accompany his son for his Board examinations is both reasonable and in the best interest of the child's welfare,” the court said while disposing of the plea.

Counsel for Petitioner: Ms. Neha Kapoor and Mr. Kaushal Mehta, Advocates

Counsel for Respondent: Mr. Rahul Tyagi, ASC for State