The petitioner claimed that the decree authorising the furlough—granted on June 23—required his surrender on August 1. He said that while on vacation, he received treatment for his problems. He now needs surgery, which is planned for August 5 at Deen Dayal Upadhyay Hospital.
In a recent ruling, the Delhi High Court underlined its dissatisfaction of the practise of submitting writ petitions for parole instead of approaching the appropriate authorities.
In its August 1 order, a single judge bench presided over by Justice Dinesh Kumar Sharma made the observation while listening to a plea from a man charged in a FIR from 2008 under sections 34 (common intention), 328 (causing harm by poison, etc.), and 376(2)(g) of the Indian Penal Code (IPC).
The individual requested either a “second spell of furlough for two weeks” or a 30-day parole extension. In order to break up the monotony of long-term incarceration, a conditional furlough is a brief release from custody. When granted after a brief period of imprisonment, parole is constrained and offered for a specific cause.
The petitioner claimed that the decree authorising the furlough—granted on June 23—required his surrender on August 1. He said that while on vacation, he received treatment for his problems. He now needs surgery, which is planned for August 5 at Deen Dayal Upadhyay Hospital.
According to the petitioner’s attorney, his client filed an application on July 27 asking for a second two-week respite and/or, as a backup, a 30-day parole.
The prosecution attorney claimed that it is becoming more common to file a writ petition before the High Court in order to obtain a furlough, and that the petitioner “files the writ petition in the nick of time” as opposed to timely engaging the appropriate authorities.
“This court deprecates this practise of filing the writ petition for grant of parole instead of moving to the competent authorities,” Justice Sharma said after that. Furlough was granted on August 1, 2023, and on July 27, 2023, the petitioner sought for an extension alone. She then submitted her petition with this court on the furlough’s final leg. The petition is discarded since I don’t think it has any merit.
The surgery has been scheduled for August 5, according to Justice Sharma, who also stated that the jail superintendent will “ensure that the petitioner is taken to the hospital and the surgery is conducted as per medical advice” in that case.
The application dated July 27 for the granting of a second period of vacation, Justice Sharma said, should also be resolved by the appropriate body within three days.
