Convict Without 'Permanent Residential Address In Delhi' Not Barred From Getting Furlough: High Court

The Delhi High Court has recently ruled that a convict without a permanent residential address in the national capital cannot be barred from being granted furlough. “Therefore, taking into account the relevant rules stipulated in the Delhi Prison Rules, this Court concludes that there is no rule or condition that a convict-prisoner, not having a permanent residential address in Delhi, would not be granted Furlough on this ground,” Justice Swarana Kanta Sharma said. The Court ruled that a prisoner can be granted furlough by getting their addresses verified even if the same are located in some other State and irrespective whether the address is permanent or temporary, since the word permanent has not been suffixed to the word “address” in Rule 1226 of the Delhi Prison Rules.“Thus, the Rule clearly states that a convict has to furnish “the proposed address where the convict wishes to stay”. It is also clear that the said address may not be the same as the last confirmed address of the convict. However, clearly, there is no requirement that the convict has to furnish his “permanent residential address in Delhi” while applying for Furlough,” the Court said. It also observed, “It will lead to a distressing situation where Furlough applied for by any prisoner who has a permanent residence in another State in India, however, not one in Delhi will be prepared for predictable outcome of his application before the competent authority – of rejection of the application, on ground of him not having permanent residence in Delhi.”The Court said that any proposed address tendered by a convict or prisoner would be subject to scrutiny and verification by the authorities concerned, before granting the relief of Furlough or Parole.It added that if the provision of furlough is subjected to “rigid and mechanical interpretations” or even misinterpretations, it risks losing its essence and intended purpose. This welfare-oriented measure for prisoners may fade under the weight of inflexible application by the authorities, it said. Justice Sharma made the observations while granting furlough for three weeks to a convict who has been incarcerated for 22 years in a murder case. He was sentenced to imprisonment for life in 2008. The convict's application for grant of First Spell of Furlough for a period of three weeks was rejected on the sole ground that he had no permanent address in Delhi and wished to reside at the address of another inmate who was earlier lodged in the same jail.Allowing the plea, the Court said that the convict fulfilled the eligibility criteria for grant of Furlough, his conduct throughout the period of incarceration had been satisfactory and that he was not a habitual offender. “If such rejection orders are upheld, wherein Furlough is denied in the circumstances as the case in hand presents, on the ground of the convict having no permanent address in Delhi, it will be laying down that a person having no permanent residence in Delhi will never be released on parole or furlough. It will be an absurd situation, to say the least,” the Court said. It ruled further that a more empathetic approach is necessary, particularly for convicts who lack family support or permanent residence, to uphold the rehabilitative intent of provision of Furlough.“In this Court's opinion, Furlough serves as both a reward for the prisoners' commendable behavior and an acknowledgment of the reformation evident in their consistent conduct within the prison. It is a recognition of their merit under the prison rules, granting them an opportunity to sustain familial and social bonds,” the Court concluded. Advocates Anup Kumar Das, Uday Chauhan and Aayushi Gupta appeared for the petitioner.ASC Sanjeev Bhandari, along with Advocates Charu Sharma, Arjit Sharma, Vaibhav Vats and Nikunj Bindal appeared for theAdvocate Anish Dewan appeared as Amicus Curiae.Title: RAMINDER SINGH @ HAPPY v. STATE NCT OF DELHICitation: 2024 LiveLaw (Del) 1322Click here to read order

Convict Without 'Permanent Residential Address In Delhi' Not Barred From Getting Furlough: High Court

Nupur Thapliyal

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