Delhi High Court - Orders
Zafar Ul Islam vs State Of Nct Of Delhi on 5 April, 2023
$~41
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 2518/2022, CRL.M.A. 8649/2023, CRL.M.A. 8650/2023
& CRL.M.A. 8651/2023
ZAFAR UL ISLAM ..... Petitioner
Through: Mr. Sarthak Maggon, Advocate.
versus
STATE OF NCT OF DELHI ..... Respondent
Through: Mr. Amit Peswani, Advocate for Ms.
Nandita Rao, ASC (Criminal) for the
State along with SI Rahul, P.S. :
Seelampur, Delhi.
CORAM:
HON'BLE MR. JUSTICE ANISH DAYAL
ORDER
% 05.04.2023 CRL. M.A. 8649/2023
1. This application has been moved for seeking extension of emergency parole to the petitioner during the pendency of the present writ petition which is for grant of premature release. The petition for considering the issue of premature release assailing the Sentence Review Board's (SRB's) decision is also listed for 15th May, 2023. The petitioner has been on emergency parole on account of High Power Committee's (HPC) recommendations passed during Covid-19 pandemic. Pursuant to directions passed by the Hon'ble Supreme Court in Suo Moto Writ Petition (C) No. 01/2020 in 'Re: Contagion of Covid19 Virus in Prisons & Director General (Prisons)' on 24th March, 2023, the prisoners who had been granted emergency parole on account of HPC recommendations have now Signature Not Verified Digitally Signed By:ANISH DAYAL been directed to surrender before the Prison Authorities within 15 days. Learned counsel for the State has drawn the attention of this court to a Notification relating to the petitioner issued by the Jail Superintendent (notified on 3rd Aril, 2023) directing him to surrender on or before 7th April, 2023. Learned counsel for the petitioner states that he has not received the said Notification.
2. This application is therefore premature. Considering that parole can only be granted on merits pursuant to the petitioner having surrender before the Jail Authorities, this application is accordingly dismissed with liberty to the petitioner to approach the Competent Authorities for grant of parole, pursuant to his surrender.
3. Considering the fact that the notice for the petitioner to surrender has not been communicated to the petitioner, the petitioner is allowed reprieve of further 10 days to surrender before the Jail Authorities.
4. It has also been pointed out to learned counsel for the State as to what procedure is to be adopted pursuant to the directions of Hon'ble Supreme Court to notify each prisoner/convict about the date of surrender, to which the learned counsel for the State states that he will seek instructions and apprise the Court on the next date of hearing.
W.P.(CRL.) 2518/2022
1. List on 15th May, 2023, the date already fixed at 3.30 p.m.
2. Order be uploaded on the website of this Court.
ANISH DAYAL, J APRIL 5, 2023 j Signature Not Verified Digitally Signed By:ANISH DAYAL