Supreme Court - Daily Orders
State Of Nct Of Delhi vs Dinesh Kumar Etc. Etc. on 7 May, 2019
Bench: L. Nageswara Rao, M.R. Shah
1
ITEM NO.49 COURT NO.13 SECTION XIV
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s).11197-11198/2013
and 11200/2013
(Arising out of impugned final judgment and order dated 01-05-2012
in WP No. 1229/2012 01-05-2012 in WP No. 1230/2012 01-05-2012 in WP
No. 1231/2012 01-05-2012 in WP No. 8279/2010 passed by the High
Court Of Delhi At New Delhi)
STATE OF NCT OF DELHI Petitioner(s)
VERSUS
DINESH KUMAR ETC. ETC. Respondent(s)
Date : 07-05-2019 These petitions were called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE L. NAGESWARA RAO
HON'BLE MR. JUSTICE M.R. SHAH
For Petitioner(s) Ms. Pinky Anand,ASG
Ms. Kiran Suri,Sr.Adv.
Mr. S.S.Ray,Adv.
Ms. Ranjana Narayana,Adv.
Ms. Snidha Mehra,Adv.
Mr. B. V. Balaram Das, AOR
For Respondent(S) Mr. Gopal Jha,Adv.
Mr. Mayank Mittal,Adv.
Mr. Kaushik Poddar, AOR
UPON hearing the counsel the Court made the following
O R D E R
Parole/Furlough Guidelines, 2010 were issued by the Government of National Capital Territory of Signature Not Verified Delhi by an order dated 17.02.2010. Para 24 of the Digitally signed by BALA PARVATHI Date: 2019.05.08 17:45:18 IST Reason: said guidelines provided for release of a prisoner on Furlough. The condition for release according to 2 para 24 is that the prisoner who is sentenced to five years or more of rigorous imprisonment should have undergone three years of imprisonment excluding remission to apply for Furlough. Another criterion to be fulfilled by a prisoner to avail benefit of Furlough was dealt with in para 26.4 which contemplated that a prisoner who has been convicted of robbery, decoity, arson, kidnapping, abduction, rape and extortion was not eligible for Furlough.
Clause 26.4 of the Guidelines of 2010 was challenged and the Delhi High Court declared it as unconstitutional as violative of Articles 14 and 21 of the Constitution of India. The said judgment of the High Court is challenged by the Union of India in these Special Leave Petitions.
Ms. Kiran Suri, learned Senior Counsel learned counsel for the petitioner submits that in exercise of the powers conferred under Section 71 of the Delhi Prisons Act, 2000, the Government of the National Capital Territory of Delhi has made the Delhi Prison Rules, 2018. She referred to Rule 1224 which deals with the eligibility for release on Furlough. She submits that the concern shown by the High Court regarding the discrimination of prisoners who have been convicted of robbery, decoity, arson, kidnapping, abduction, rape and extortion has been addressed by the Government. As per Rule 1224 an 3 exception is carved out only for prisoners convicted for sedition, terrorist activities and NDPS Act.
She further submits that nothing remains for consideration in these Special Leave Petitions in view of the Delhi Prison Rules, 2018 being brought into force. The interest of the respondent is not adversely affected. He was given the benefit of Furlough.
The Special Leave Petitions are, accordingly, disposed of. Pending application(s), if any, stand disposed of.
(B.Parvathi) (Kailash Chander) Court Master Assistant Registrar