Foreign Convict Not Entitled To Parole Merely Due To Long Incarceration: Delhi High Court

The Delhi High Court has observed that long incarceration alone cannot justify release of a foreign convict on parole, in light of the restrictions imposed under the Delhi Prison Rules.

Justice Purushaindra Kumar Kaurav refused to grant parole to a Bangladeshi national convicted of murder in connection with an FIR registered at Seemapuri Police Station.

The Court dismissed the plea filed by Mohd. Faruque Alwander who had challenged the Delhi Government's order rejecting his application for four weeks' parole.

His counsel submitted that parole was sought to enable him to maintain social and family ties and to alleviate stress and depression arising from prolonged incarceration.

Rejecting the plea, the Court noted that the petitioner was admittedly a Bangladeshi national and that his case was governed by Rule 1211(iv) of the Delhi Prison Rules, 2018, which bars grant of parole to foreign convicts except in exceptional circumstances, subject to prior approvals from the Ministry of Home Affairs and the Ministry of External Affairs.

It further noted that the competent authority had also considered the petitioner's involvement in multiple criminal cases, his unsatisfactory jail conduct and the Jail Superintendent's refusal to recommend his release.

Dismissing the plea, the Court observed that the petitioner had failed to establish any exceptional circumstance warranting interference with the impugned order.

“Merely because the petitioner has undergone a long period of incarceration does not, by itself, entitle him to parole in the face of the statutory restrictions under the Delhi Prison Rules, 2018 and the adverse material noticed by the competent authority,” the Court said.

Title: MOHD. FARUQUE ALWANDER @ FARUKH @ GENDA v. STATE

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