SC Refuses To Grant Parole To Murder Convict Who Sought It Only For The Purpose Of Filing SLPs [Read Order]

‘Reading of Rules 10, 11 and 13 of the aforesaid Jail Manual would demonstrate that the respondent would have sufficient facilities at his disposal for the purpose of preparing the special leave petition(s)’

The Supreme Court set aside a Delhi High Court order that granted parole to a murder convict, who sought it only for the purpose of filing Special Leave Petition before the apex court.

Ravi Kapoor was convicted in two murder cases and was awarded life imprisonment. In one of the cases, death penalty awarded by the trial court was later commuted by the high court to life imprisonment. He preferred a bail application before the high court seeking parole for the purpose of filing Special Leave Petition before the apex court, which was allowed. He was granted parole of 15 days by the high court.

Against this order, the state approached the apex court and also produced jail records to demonstrate unsatisfactory conduct for which he has been awarded punishment under the Jail Manual.

The bench of Justice AK Sikri and Justice Ashok Bhushan observed that the Delhi Jail Manual contains a specific provision providing facilities to the persons for filing appeal etc., against the conviction. A reading of Rules 10, 11 and 13 of the aforesaid Jail Manual would demonstrate that the respondent would have sufficient facilities at his disposal for the purpose of preparing the special leave petition(s), it said.

While setting aside the high court order, the bench clarified that it had rejected the plea only in the context of seeking parole by the respondent for the purpose of preparing special leave petition(s).

In case the respondent, in future, asks for parole on any other ground those proceedings can be entertained on its own merits without being influenced by this order, the bench said.