Unduly Harsh To Reject Furlough Applications On Ground Of Delay In Surrender During COVID-19: Delhi High Court

The Delhi High Court has ruled that it is unduly harsh of the prison authorities to reject the furlough applications of convicts on the ground of delay in surrender by a few says during the COVID-19 pandemic.Justice Swarna Kanta Sharma said that courts and prison authorities must also remain mindful of the exceptional and unprecedented circumstances that prevailed during the pandemic.The Court was dealing with a plea filed by a convict serving life sentence in a murder case seeking his release on furlough for a period of two weeks. He also challenged the order passed by the jail authorities rejecting his request. It was submitted that the convict was in judicial custody for about 09 years and 05 months and that he was released on emergency parole on two occasions in 2020 and 2021. It was contended that on both the occasions, there was a delay in surrendering of about 07 days and 26 days respectively but the same was unintentional.His release on furlough was sought contending that he had faced a long incarceration and needed to combat inner stress and depression arising out of prolonged incarceration. The Court noted that while there was a delay on the part of the convict in surrendering on both the occasions, however, it said that COVID was not ordinary times and that the entire nation was grappling with crisis, uncertainty, and widespread distress. “Amid such hardships, a delay in surrender, particularly by an underprivileged convict from a remote village, ought to be dealt with compassion and sympathy,“ the Court said.Justice Sharma noted that the convict's overall conduct inside the jail has been satisfactory, and that he was engaged in prison work as a langar sahayak.The Court released the convict on furlough for two weeks and directed him to surrender before the jail superintendent on the expiry of the said period. Title: VINOD v. STATE OF NCT OF DELHICitation: 2025 LiveLaw (Del) 741Click here to read order

Unduly Harsh To Reject Furlough Applications On Ground Of Delay In Surrender During COVID-19: Delhi High Court

Nupur Thapliyal

Tags