Delhi HC dismisses convict's appeal against single-bench order, seeking emergency parole
Sep 16, 2020
New Delhi [India], September 16 : The Delhi High Court on Wednesday dismissed an appeal against a single-judge bench order seeking to grant emergency parole to a convict in accordance with the recommendations of the High-Powered Committee of Delhi.
A division bench of Chief Justice DN Patel and Justice Prateek Jalan dismissed the appeal filed by convict Surender Kumar, who has been in prison for about 16 years, seeking emergency parole on the ground that he needs medical attention.
The appellant, through advocate Sarthak Maggon, submitted that single-judge in its order dated August 30 failed to protect the rights of the appellant and further endorsed the conduct of the jail authorities by rejecting the parole application filed by the petitioner.
The plea said that the appellant has maintained impeccable conduct in custody and as a reward was transferred to 'open jail' and had spent more than eight months in the open jail when a false punishment was imposed against him and he was shifted back to closed jail.
Maggon submitted that on January 29, 2020, a mobile phone charger was allegedly found in the flat of the appellant where the appellant resided while in the open jail with another convict namely Shri Nath, who is currently released on emergency parole.
"It is the case of the appellant that open jail convicts are permitted to carry mobile phones to their place of work and the said mobile phone was deposited with the semi-open jail guard, as per rules, and the punishment is a larger conspiracy by jail administration to falsely implicate the appellant for cancellation of furlough due to complaints regarding prison harassment made at the behest of the Appellant against certain high ranking jail officials," the plea said.
It said that the appellant is unable to establish contact with his family and therefore he must be released in order to ensure that he may be able to establish contact with his family, enable medical treatment for himself and self-preservation under the COVID 19 pandemic.
The plea said that it is the third round of litigation for grant of parole for the appellant and alleged the process has been prolonged solely because of the attempt of the appellant to bring to the notice of the jail authorities, instances of physical and mental harassment, corruption prevalent amongst the bureaucratic administration within Tihar jail.
