JUSTICE (ORAL)
1. The issue regarding the need for amendments to Parole/Furlough
Guidelines, 2010 has been raised in all these petitions filed ... Reward & Release of Prisoners)
Rules, 1988 as well as the Parole/Furlough Guidelines, 2010, W.P.(C)
No.5516/2014 has been filed seeking
multiple murder cases; furlough or parole could be granted. He also
submitted that those persons who are given parole and/or furlough, it becomes ... guidelines relating
to furlough as raised by the petitioners.
Parole and Furlough: Meaning and purpose:
15. Guidelines relate to parole as well as furlough. There
earned any AGCR as
required under para 26.1 of Parole/Furlough guidelines 2010
which states as under: -
26.1 "Good conduct in the Prison ... granted furlough. A perusal of the nominal roll reveals that though this
Court granted furlough to the petitioner, however the parole/furlough
guidelines
instant
one in which he is seeking furlough and as per Clause 26.2 of
the Parole/Furlough Guidelines : 2010, convict praying for
grant of furlough ... Parole/Furlough guidelines this Court finds no
ground to grant furlough to the petitioner.
4. Petition is dismissed."
11. That the furlough guidelines
furlough inter alia on the
above-stated ground was rejected by the competent authority in view of para
26.1 of the Parole/Furlough Guidelines ... Hence, he is not eligible as
per para 26.1 of Parole/Furlough Guidelines, 2010
which states as under:-
26.1. "Good conduct in the prison
petitioner on parole for a period of three months and for quashing of para 11.1 of the Parole/Furlough Guidelines, 2010.
2. Counsel ... grant of parole, which was denied to him vide order dated 8.7.2010, on the ground that para 11.1 of the Parole/Furlough Guidelines, 2010 requires
following reasons:-
"(i) As per para 11.2 of Parole/Furlough Guidelines,
2010 provides that "the conduct in prison must have
been uniformly good ... dated
23/24.04.2015.
(ii) As per para 11.5 of Parole/Furlough Guidelines
2010 which provides that "a minimum of six months
ought
counsel for the appellant stated that the Parole/Furlough Guidelines
dated 17th February, 2010 themselves in Clause 9.7 provide for grant of parole
to pursue ... grant of parole is generally
speaking an administrative action.
8. We may at the outset notice that the Parole/Furlough Guidelines supra
are of nearly
Convict is not eligible for release on parole as per
para 11.1 of parole/furlough guideline which states
that a convict must have served ... jump the parole."
3. The order impugned herein cannot be sustained. Insofar as para 11.1
of the parole/furlough guidelines is concerned
High Court is hearing an appeal and
does not wish to give furlough or remission, even then the executive
would not be entitled to exercise ... Lieutenant Governor of GNCT Delhi
issued a notification framing parole/furlough guidelines 2010. It is pointed out
that paragraph 27 of those Rules is pari
