Delhi High Court Grants Four Weeks Parole To POCSO Convict For Filing SLP In Supreme Court

The Delhi High Court has granted parole of four weeks to a man convicted under Protection of Children from Sexual Offences (POCSO) Act to enable him file a special leave petition (SLP) before the Supreme Court. His conviction was upheld by the high court on July 04 last year.

Justice Swarana Kanta Sharma granted relief to Neeraj Bhatt who was convicted under Sections 363 and 376(2) of Indian Penal Code, 1860 read with Section 6 of POCSO Act in December 2019 by a Special POCSO court. He was sentenced to a rigorous imprisonment of 10 years and is presently confined in the city’s Mandoli jail.

The court took note of the fact that Bhatt has been in judicial custody since May 11, 2014. He has continuously been in jail for about eight years and six months, excluding remission, said the court.

His application for parole was rejected by Delhi government on November 03 last year, observing that he could SLP against the high court judgement from the jail itself where free legal aid is available to all prisoners. The competent authority had also noted that his conduct inside jail was not satisfactory. 

He challenged the decision before high court and sought a direction to be released on parole for a period of four weeks. 

Justice Sharma observed that the right of a citizen to avail a legal remedy in the final court of the country, which may often be the last ray of hope, cannot be denied on such ground.

The court said it is the right of a citizen to effectively pursue his legal remedy in the country’s last court of justice by filing an SLP through a lawyer of his own choice, which is a valuable right.

“This cannot be withheld merely on the basis of his past conduct or on the ground that free legal aid is available and that SLP can be filed from the jail itself. Needless to say, availing his legal remedy in the Apex Court of the country is the right of the petitioner and this Court is not inclined to withdraw the same,” the court said.

As the State submitted that parole cannot be granted to Bhatt in view of Delhi Prison Rules, the court noted that the bar under Rule 1211 is not absolute since the competent authority has the discretion to grant parole, provided there exist special circumstances.

The Rule states that where the prisoner is convicted under POCSO Act, parole shall not be granted, except, if in the discretion of the competent authority special circumstances exist for grant of parole.

“Though the special circumstances were to be considered by the competent authority, the impugned order does not refer to the special circumstances and that they were found insufficient for grant of parole, rather it only mentions that the SLP can be filed from the jail itself and that the conduct of the applicant was not satisfactory,” the court said.

While disposing of the plea, the court clarified that the period of parole shall be counted from the day when Bhatt will be released from jail. It further ordered that he shall furnish a copy of the SLP filed in the Supreme Court to the Jail Superintendent at the time of surrendering.

Title: NEERAJ BHATT v. THE STATE (GOVT. OF NCT) OF DELHI

Citation: 2023 LiveLaw (Del) 11 

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