Right To Life Includes Observing Religious Duties, Personal Obligations: Delhi High Court In UAPA Case

The Delhi High Court has observed that the right to life under Article 21 of Constitution of India includes observing an individual's religious duties and personal obligations. “Article 21 of the Constitution guarantees the right to life and personal liberty, which encompasses within its ambit the right to live with human dignity and to observe one's religious duties and personal obligations,” Justice Ravinder Dudeja said. The judge made the observation while granting custody parole to one Shahid Nasir, an accused in a UAPA case registered by National Investigation Agency. Nasir, an undertrial lodged in Tihar jail, sought custody parole for three days to attend and participate in the Fathiha ceremony of his deceased mother-in-law.His application was dismissed by the trial court on the ground that the death of his mother-in-law occurred about two years earlier and no material was placed to show that his personal presence was indispensable for performing the Fathiha ceremony. It was Nasir's case that his right to perform religious rites and duties is protected under Articles 21 and 25 of the Constitution of India. It was contended that denial of permission to participate in this religious obligation would cause deep emotional trauma to Nasir and his family members and would amount to an unreasonable restriction upon his fundamental right.On the other hand, NIA argued that the allegations in chargesheet pertained to conspiracy wherein Nasir acted as the Treasurer of the Karnataka unit of the banned organization Popular Front of India (PFI).It was alleged that he, along with other office bearers and members of the organization, was involved in raising and channelizing funds for the purposes of carrying out unlawful and terrorist activities and propagating a divisive ideology against the Government of India.Granting custody parole to Nasir for two days, the Court said that a prisoner, whether convicted or undertrial, continues to enjoy the protection of the fundamental rights guaranteed by the Constitution, save to the extent curtailed by the fact of lawful detention. It said that relief of custody parole is granted to the inmates for specific eventualities which is governed by Rule 1203 of the Delhi Jail Manual, 2018. “The purpose of custody parole is to allow a prisoner to attend to pressing humanitarian or personal obligations such as funerals, last rites, or significant family functions, under strict supervision of the authorities. It is a temporary measure, humane in character, that ensures a balance between the interests of justice and human dignity,” the Court said. It concluded that Nasir's request for custody parole was rooted in religious and cultural obligation, and that the duration sought was minimal.The Court observed that there was nothing on record to suggest that Nasir had misused any earlier concession of bail or parole, or that he posed a security threat if escorted under proper supervision.Title: SHAHID NASIR v. NIA & ANRCitation: 2025 LiveLaw (Del) 1342Click here to read order

Right To Life Includes Observing Religious Duties, Personal Obligations: Delhi High Court In UAPA Case

Nupur Thapliyal

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