Delhi High Court - Orders
Ajay Kumar vs Govt Of Nct Of Delhi on 18 April, 2022
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 582/2022
AJAY KUMAR ..... Petitioner
Through: Mr.Rahul Kr. Singh, Advocates.
versus
GOVT OF NCT OF DELHI ..... Respondent
Through: Mr.Sanjay Lao, Standing Counsel
(Crl.) with Mr.Karanjeet Rai Sharma,
Advocate for State with Inspector
Rahul Kumar, P.S.: Spl. Cell, Lodhi
Colony.
CORAM:
HON'BLE MS. JUSTICE POONAM A. BAMBA
ORDER
% 18.04.2022
Heard.
Learned Standing Counsel (Crl.) submits that the petitioner's mother Usha Babu, was advised to obtain fitness certificate for knee replacement surgery after one month, in view of her uncontrolled Systemic Hypertension and Diabetic Mellitus; but she did not visit the hospital for follow-up. In this regard learned counsel has drawn attention of this Court to Para 7 of the status report.
Learned Standing Counsel (Crl.) further submits that the petitioner had also applied to GNCTD for release on parole and the said application has been not recommended and has drawn the attention of this Court to letter dated 21.01.2022 of Deputy Secretary (Home) addressed to Supt.-I, Prison Head Quarter, Tihar, copy of which is now handed over. The relevant portion of the said letter reads as under:
"1. As per Rule 1211 of Delhi Prison Rule-2018, which provide that:- "In the following cases, parole shall not be Signature Not Verified Digitally Signed By:DINESH CHANDRA Signing Date:19.04.2022 11:32:19 granted, except if in the discretion of the competent authority special circumstances exist for grant of parole;
(I) Prisoners convicted under sedition, terrorist activities and NDPS Act. In this case, as per crime details, the above said convict committed offence punishable under NDPS ACT. Further, no special circumstances exist for grant of parole.
2. The overall conduct of the above said convict is reported to be unsatisfactory."
At this stage, learned counsel for the petitioner seeks time to take instructions in the matter.
In view of the same, list on 18.07.2022.
Meanwhile, Registry is directed to scan the aforesaid letter dated 21.01.2022 of GNCTD and make it part of the record.
POONAM A. BAMBA, J.
APRIL 18, 2022/R Signature Not Verified Digitally Signed By:DINESH CHANDRA Signing Date:19.04.2022 11:32:19