Delhi High Court Slams Authorities For Defying Prison Rules, Says Long Incarceration Without Parole Can Lead To Anarchy In Jail

The Delhi High Court has slammed the State authorities for defying the Delhi Prison Rules, 2018, observing that they do not have any sensitivity towards the prisoners who are suffering long incarceration. Justice Neena Bansal Krishna said that long incarceration without break by way of Parole and Furlough can lead to a situation of indiscipline and anarchy in the Jail.The Court said that it is not realized by the authorities that non-grant of Parole or Furlough within the fixed time frame, only results in unrest and defeats the very purpose of the relief which is to enable the prisoners to establish family ties and to not fall into depression and stress because of long incarceration.“Such instances, which have been repeatedly demonstrated by the State agencies, only show their defiance to the very objective of introducing provisions of Furlough/Parole and have no respect or care for the prisoners and their mental and physical health. It also reflects that they are not cognizant that such long incarceration without break by way of Parole and Furlough, can in fact lead to a situation of indiscipline and anarchy in the Jail itself,” the Court said.It added that Furlough or Parole is only to ensure that the discipline in the jail, is maintained by taking care of the prisoners.“It has been noted that many Orders have been passed by this Court directing the State Agency, to show some sensitivity but it seems that it is too tall a claim to ask from the Respondent, who sitting in their offices, have no respect/regard either for law or for the persons in Jail,” the Court said.Noted that the Court is flooded with such matters and repeated directions have not yielded in any result, Justice Krishna directed Delhi Government's Principal Secretary (Home) to appear in person on November 06.The Court has asked the official to give an explanation and also a response as to how the problem highlighted can be streamlined.The judge was dealing with a plea filed by a murder convict seeking one month parole.It was the convict's case that he had applied for Parole on July 22 on the ground of maintaining social ties and family relations and to curb inner stress and depression due to long incarceration. He said that even after lapse of more than one month, no decision was taken by the competent Authority. He thus sought parole for four weeks. Granting relief to the convict, the Court noted that on September 25, the Parole Application was to be decided within four weeks. It said that the assurance given by the authorities to dispose of the application has not been decided since July, 2025.“Considering that the Parole for four weeks, was sought not only for the physical and mental health of the Petitioner but also on account of the ill-health of his father, which is his right under the Delhi Prison Rules, 2018 and there is no circumstance brought on record, which disentitles him from claiming this relief, this Court is compelled to allow the Petition and grant four weeks' Parole to the Petitioner,” the Court said.Title: LALIT @ LUCKY v. STATE OF NCT OF DELHICitation: 2025 LiveLaw (Del) 1296Click here to read order

Delhi High Court Slams Authorities For Defying Prison Rules, Says Long Incarceration Without Parole Can Lead To Anarchy In Jail

Nupur Thapliyal

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