Can High Court Grant Furlough Under Delhi Prison Rules When Convict's Appeal Is Pending Before Supreme Court? Delhi HC To Decide

The Delhi High Court is set to decide a question that whether under Article 226 of the Constitution it can grant furlough to a convict under Delhi Prison Rules when his appeal is pending before the Supreme Court.

Rules 1199 and 1200 deal with the grant of parole and furlough to prisoners. Note 2 to Rule 1224 states that "If an appeal of a convict is pending before the High Court or the period for filing an appeal before the High Court has not expired, furlough will not be granted and it would be open to the convict to seek appropriate directions from the Court."

Justice Amit Mahajan, who was dealing with a bunch of pleas raising similar issues, framed seven questions for consideration on the issue. The court appointed Senior Advocate Siddharth Dave as amicus curiae in the matter, while listing the matter for hearing next on December 21.

The court will decide the question if the principle of derogation of power as laid down by the Supreme Court in K.M. Nanavati v. State of Bombay, is applicable in cases where a prisoner seeks to apply for release on furlough under the Delhi Prison Rules when an appeal against their order of conviction is pending adjudication in the Supreme Court.

Justice Mahajan will also decide "whether Note 2 to Rule 1224 in the Delhi Prison Rules, 2018 should be strictly interpreted and thus the words High Court cannot be interpreted as including the Supreme Court of India, even in case of a statutory appeal before the Supreme Court?"

The court will also consider if there is a violation of Article 14 of the Constitution of India if Note 2 to Rule 1224 of the Delhi Prison Rules is interpreted as barring the right of a prisoner to apply for release on furlough, when an appeal against their order of conviction is pending adjudication in the Supreme Court of India? 

"Is there a violation of Article 21 of the Constitution of India if Note 2 to Rule 1224 of the Delhi Prison Rules is interpreted as barring the right of a prisoner to apply for release on furlough, when an appeal against their order of conviction is pending adjudication in the Hon'ble Supreme Court of India?" is one of the questions framed in the order.

The court will also consider whether denial of furlough, on account of pendency of an appeal in the Supreme Court of India, despite good conduct earned by the convict, would run contrary to the theory of reformative approach and thereby violating Rules 1199 and 1200 of the Delhi Prison Rules, 2018?

"Whether the jurisprudence on parole can be applied to furlough since furlough does not involve suspension of sentence?" the court added.

Title: BUDHI SINGH v. STATE OF NCT OF DELHI and other connected matters

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