Filing SLP Before Supreme Court Constitutes ‘Special Circumstance’ Under Delhi Prison Rules For Granting Parole To Convict: High Court

The Delhi High Court has observed that filing a special leave petition (SLP) before the Supreme Court by a convict challenging the conviction constitutes a “special circumstance” for granting parole in terms of Rule 1211 of the Delhi Prison Rules, 2018.

“…this Court is of the opinion that the bar contained in Rule 1211 of the Delhi Prison Rules is not absolute. The ground taken herein, i.e., filing on an SLP constitutes a 'special circumstance' in terms of the said rule,” Justice Amit Sharma said.

Rule 1211 of the Delhi Prison Rules provides various categories of offences where parole shall not be granted, except, if there are special circumstances in the discretion of the competent authority.

The court passed the order while dealing with a life convict’s plea seeking grant of parole for three months in order to file an SLP before the Apex Court and for re-establishing social ties. He was convicted for the offence of murder and kidnapping for ransom.

“The present petitioner has been convicted for offences under Sections 364A/302/201/34 of the IPC, which includes murder and kidnapping for ransom. Therefore, his case falls within sub-clause (X) of Rule 1211. However, it is noted that the bar contained therein is subject to existence of 'special circumstances',” the court said.

Justice Sharma released the convict on parole for a period of six weeks observing that the nominal roll reflected that his jail conduct was satisfactory and that he was not involved in any other case.

“The nominal roll further reflects that the petitioner has undergone 11 years 05 months and 25 days of imprisonment. Upon expiry of the interim bail granted to the petitioner, he duly surrendered before the jail authorities. While he was out on interim bail, no complaints in relation to his conduct were received,” the court said.

DHCLSC counsel Rohan J. Alva appeared for the petitioner.

ASC (Crl.) Rahul Tyagi, with Advocates Surender Sharma, Sangeet Sibou, MJatin and Aashish Chujar appeared for the State.

Title: Rahul Gupta v. State 

Citation: 2023 LiveLaw (Del) 876