IN THE MATTER OF :-
**Petitioners' names: PETITIONERS**
VERSUS
Respondent's name: RESPONDENT
I N D E X
| 3. | CRL. MISC. APPLICATION ON BEHALF OF THE APPLICANT / PETITIONER NO.3 UNDER SECTION 528 OF BNSS SEEKING DIRECTION TO THE RESPONDENT, ALONG WITH AFFIDAVIT. | |
| 4. | ANNEXURE P-1: COPY OF POLICY DATED Date of policy. | |
| 5. | ANNEXURE P-2: COPY OF ORDER DATED Date of High Court order PASSED BY THIS HON'BLE COURT IN W.P.(CRL.) Writ petition (criminal) number. | |
| 6. | APPLICATION UNDER SECTION 528 OF BNSS FOR EXEMPTION FROM FILING CERTIFIED COPIES, WITH AFFIDAVIT IN SUPPORT. | |
DELHIFILED BY
DATED:
Date of filing
COUNSEL FOR PETITIONER NO.3
Office: Counsel's office address
Mob. No. Counsel's mobile number
Email: Counsel's email address
IN THE HIGH COURT OF DELHI AT NEW DELHI
CRL. M.A. NO. Criminal miscellaneous application number OF Year of filing of the criminal miscellaneous application.
IN
Criminal writ petition number.
IN THE MATTER OF :-
**Petitioners' names: PETITIONERS**
VERSUS
**Respondent's name: RESPONDENT**
NOTICE OF MOTION
To
STATE (GOVT. OF NCT OF DELHI)
Through the Home Secretary,
Delhi Secretariat,
Sachivalaya Road,
Respondent's address.
Sir,
The enclosed Criminal Miscellaneous Application in the aforesaid writ petition is being filed on behalf of PETITIONER NO.3 and is likely to be listed on Date of listing (day) or on any date thereafter. Kindly take notice accordingly.
DELHIFILED BY
DATED:
Date of filing
COUNSEL FOR PETITIONER NO.3
Office: Counsel's office address
Mob. No. Counsel's mobile number
Email: Counsel's email address
IN THE HIGH COURT OF DELHI AT NEW DELHI
CRL. M.A. NO. Criminal miscellaneous application number OF Year of filing of the criminal miscellaneous application.
IN
Criminal writ petition number.
IN THE MATTER OF :-
**Petitioners' names: PETITIONERS**
VERSUS
Respondent's name: RESPONDENT
URGENT APPLICATION
To,
The Hon'ble Joint Registrar,
Hon'ble High Court of Delhi,
New Delhi.
Sir,
It is kindly requested that the accompanying Criminal Miscellaneous Application may be treated as urgent in accordance with the provisions of the Delhi High Court Rules and Regulations and the orders of this Hon'ble Court.
The grounds of urgency are set out in the accompanying application.
Yours faithfully,
DELHIFILED BY
DATED:
Date of filing
COUNSEL FOR PETITIONER NO.3
Office: Counsel's office address
Mob. No. Counsel's mobile number
Email: Counsel's email address
IN THE HIGH COURT OF DELHI AT NEW DELHI
CRL. M.A. NO. Criminal miscellaneous application number OF Year of filing of the criminal miscellaneous application.
IN
CRL. WRIT PETITION NO. Criminal writ petition number OF Year of filing of the criminal writ petition.
IN THE MATTER OF :-
**Petitioners' names: PETITIONERS**
VERSUS
Respondent's name: RESPONDENT
APPLICATION ON BEHALF OF THE APPLICANT / PETITIONER NO.3 UNDER SECTION 528 OF BNSS SEEKING DIRECTION TO THE RESPONDENT AS WELL AS THE SENTENCE REVIEW BOARD (SRB) PURSUANT TO THE DIRECTION VIDE ORDER DATED Date of High Court direction PASSED BY THIS HON'BLE COURT.
MOST RESPECTFULLY SHOWETH :-
1.That the Applicant / Petitioner No.3 had filed the present writ petition seeking a direction to consider the case of the Petitioners for premature release under the policy dated Date of remission policy, and this Hon'ble Court was pleased to dispose of the present petition vide order dated Date of disposal order.
2.That the Applicant / Petitioner No.3 was convicted under Section 307 IPC in FIR No. FIR number, registered at Police Station Police station. The Petitioner was sentenced to life imprisonment and has already undergone Years of actual imprisonment undergone years of actual imprisonment and Years of imprisonment undergone including remission years of imprisonment including remission.
3.That the case of the Applicant / Petitioner No.3 for premature release falls under the policy dated Date of premature release policy, passed by the Hon'ble Lt. Governor of Lieutenant Governor's jurisdiction (e.g. Delhi), which governs the premature release of prisoners convicted prior to the introduction of the Delhi Prison Rules, 2018. As per the said policy, convicts undergoing life imprisonment are eligible for premature release after completing 14 years of actual imprisonment.
4.That the Applicant / Petitioner No.3 is not covered by Section 433A Cr.P.C., and is therefore not subject to the provisions requiring a minimum of 20 years of imprisonment for certain heinous offences. The Applicant / Petitioner No.3 is eligible for release under the first category, which requires 14 years of actual sentence without remission.
5.That despite having completed the requisite period of sentence under the said policy, the Applicant / Petitioner No.3 continues to remain incarcerated, and no steps have been taken by the Sentence Review Board (SRB) to finalise his premature release, despite the direction of this Hon'ble Court vide order dated Date of High Court direction. The Applicant / Petitioner No.3 was included in a collective writ petition filed before this Hon'ble Court, in which multiple petitioners sought relief under the policy dated Date of policy in collective writ petition.
6.That on Date of High Court direction for reconsideration, this Hon'ble Court directed that the Petitioners be considered / reconsidered by the Sentence Review Board for premature release, in terms of the policy dated Date of remission policy, within a period of eight weeks, and that the order of the Sentence Review Board be uploaded within a period of one week after it is approved by the approving authority. Despite this clear direction, the Sentence Review Board has failed to comply with the order. No decision has been communicated to the Applicant / Petitioner No.3, and no update has been provided regarding the status of his premature release. This continued delay is in flagrant violation of the order of this Hon'ble Court, and the Applicant / Petitioner No.3 remains in prison despite being legally entitled to premature release.
7.That the Applicant / Petitioner No.3 has consistently demonstrated good conduct during incarceration, as evidenced by the fact that he has been granted furlough on multiple occasions, the last furlough having been granted on Date of last furlough. The Applicant / Petitioner No.3 has further Humanitarian contribution made by Petitioner No.3, has completed his education while in jail, and has received an offer of employment from a private company, particulars whereof are Particulars of employment offer received. This clearly indicates that the conduct of the Applicant / Petitioner No.3 in jail has been satisfactory and clean.
8.That the present case is covered by similar orders issued by the Hon'ble Supreme Court in matters concerning the premature release of convicts, wherein relief has been granted to similarly situated prisoners. In several cases, such as Writ Petition (Crl.) No.142/2023, Kuldeep & Ors. v. State (Govt. of NCT of Delhi), and others, the Hon'ble Supreme Court granted exemptions from surrendering and directed premature release based on the policy dated Date of the policy relied upon by the Supreme Court.
9.That the continued incarceration of the Applicant / Petitioner No.3, despite his having completed the requisite period of imprisonment, violates his fundamental rights to life and personal liberty under Article 21 of the Constitution of India. The inaction of the Sentence Review Board in processing the Petitioner's case for premature release amounts to illegal detention. In State of Haryana v. Jagdish (2010), the Hon'ble Supreme Court held that the policy for premature release prevalent at the time of conviction should govern the case, and that the policy most beneficial to the convict ought to be applied — which, in the present case, is the policy dated Date of the policy relied upon by the Supreme Court.
10.That the Sentence Review Board has further failed to comply with the direction of this Hon'ble Court vide order dated Date of High Court direction, whereby the Petitioner's case for premature release was directed to be considered within eight weeks. Non-compliance with such direction is a violation of law and a serious matter of contempt. In K. Ramachandra Reddy v. State of Karnataka (2002), it was held that non-compliance with court orders may be construed as a violation of the rule of law, leading to contempt proceedings. The non-compliance by the SRB with the order of this Hon'ble Court therefore constitutes gross negligence.
11.That the Applicant / Petitioner no.3 has already completed Years of actual imprisonment undergone years of actual imprisonment and a total of Total years of imprisonment including remission years, including remission. The Applicant / Petitioner no.3 is, therefore, eligible for premature release under the policy dated Date of remission policy, which mandates release after 14 years of actual sentence.
12.That the conduct of the Applicant / Petitioner no.3 in prison has been good, as demonstrated by the multiple furloughs granted to him, the awards received by him, and his donation of an organ to persons in society, all of which further strengthen his eligibility for premature release. The Applicant / Petitioner no.3 has complied with all prison regulations, showing that he is a reformed individual. In Sunil Fulchand Shah vs. Union of India (2000), the Court held that good conduct in jail is a major factor when considering parole or furlough, and that in cases of premature release, good conduct is a primary factor for determining eligibility under remission policies.
13.That the Hon'ble Supreme Court has granted relief to similarly situated convicts in several writ petitions, ordering their premature release under the policy dated Date of remission policy. The Petitioner's case stands on the same footing as those cases in which exemptions from surrendering have been granted. In Kuldeep & Ors. Vs. State (Govt. of NCT of Delhi) (W.P. Crl. No. 142/2023), the Hon'ble Supreme Court granted exemptions from surrendering to similarly situated convicts under the policy dated Date of remission policy.
14.That the repeated refusal of the Sentence Review Board to consider the case of the Applicant / Petitioner no.3 on the ground of the nature of the offence is contrary to the policy dated Date of remission policy, which prioritises good conduct and time served over the nature of the crime.
15.That the Applicant / Petitioner is attempting to reform himself and reintegrate with the mainstream of society, as the Petitioner was deprived of the love and affection of his family members and of society. There has been no complaint against him after his release on furlough, and the Petitioner undertakes that he shall not harass anyone and that no complaint of any kind shall be received against him.
15.That the conduct of the Applicant / Petitioner in jail has never been found objectionable by the jail authorities, and not even a single punishment has been imposed upon the Petitioner during his period of incarceration.
- : P R A Y E R : -
It is, therefore, most respectfully prayed that this Hon'ble Court may kindly be pleased to:
(a)Issue an appropriate writ, order or direction to the Respondent and the Sentence Review Board to immediately comply with the direction of this Hon'ble Court passed in the order dated Date of High Court order and to consider the Petitioner's premature release in accordance with the policy dated Date of remission policy;
(b)Direct the Respondent to finalise the Petitioner's premature release forthwith and to communicate the decision to the Petitioner without further delay;
(c)Grant furlough and release the Petitioner no.3 till the disposal of the present application;
(d)Pass such other and further order(s) as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.
DELHIAPPLICANT / PETITIONER NO.3
THROUGH
DATED : Date of filing
COUNSELS FOR THE PETITIONER NO.3
Office: Counsel's office address
Counsel's office address
Mob. No.: Counsel's mobile number
Email: Counsel's email address
IN THE HIGH COURT OF DELHI AT NEW DELHI
CRL. M.A. NO. Criminal miscellaneous application number OF Year of the criminal miscellaneous application.
IN
Criminal writ petition number.
IN THE MATTER OF :-
**Petitioners' names: PETITIONERS**
VERSUS
Respondent's name: RESPONDENT
APPLICATION ON BEHALF OF THE APPLICANT / PETITIONER NO.3 UNDER SECTION 528 OF BNSS FOR EXEMPTION FROM FILING CERTIFIED COPIES OF THE Annexures for which certified copies are exempted
MOST RESPECTFULLY SHOWETH :-
1.That the Applicant / Petitioner no.3 has filed the Annexures along with the main application in support of the petition, and the Annexures so filed are true, correct and compared copies of the originals.
2.That the Petitioner no.3 shall apply for obtaining the certified copies of the Annexures and undertakes to file the same as soon as they are made available by the concerned copying agency.
PRAYER
It is, therefore, most respectfully prayed that this Hon'ble Court may kindly be pleased to:
(a)Exempt the Petitioner no.3 from filing the certified copies of the Annexures;
(b)Pass such other and further orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case, in the interest of justice.
It is prayed accordingly.
DELHIPETITIONER NO.3
THROUGH
DATED : Date of filing
COUNSELS FOR THE PETITIONER NO.3
Office: Counsel's office address
Counsel's office address
Mob. No.: Counsel's mobile number
Email: Counsel's email address
IN THE HIGH COURT OF DELHI AT NEW DELHI
CRL. M.A. NO. Criminal miscellaneous application number OF Year of the criminal miscellaneous application.
IN
Criminal writ petition number.
IN THE MATTER OF :-
**Petitioners' names: PETITIONERS**
VERSUS
Respondent's name: RESPONDENT
AFFIDAVIT
I, Deponent's name, aged about Deponent's age years, S/o Sh. Deponent's father's name, R/o Deponent's residential address, Place of verification, do hereby solemnly affirm and declare as under :-
1.That I am the Deponent's relationship to petitioner no.3 of the Petitioner no.3 in the above-noted case and am well conversant with the facts and circumstances of the case, and as such I am competent to swear this affidavit.
2.That the contents of the accompanying Application under Section 528 of BNSS have been read over and explained to me in vernacular, and having understood the same, I say that the facts stated therein are true to the best of my knowledge and belief and nothing material has been concealed therefrom.
3.That the facts stated above in this affidavit are true to my knowledge, no part of the same is false, and nothing material has been concealed therefrom.
DEPONENT
VERIFICATION :-
Verified at Place of verification on this Date of verification day of Month and year of verification. The contents of the above affidavit are true and correct to my knowledge, no part of it is false, and nothing material has been concealed therefrom.
DEPONENT
IN THE HIGH COURT OF DELHI AT NEW DELHI
CRL. M.A. NO. Criminal miscellaneous application number OF Year of the criminal miscellaneous application.
IN
Criminal writ petition number.
IN THE MATTER OF :-
**Petitioners' names: PETITIONERS**
VERSUS
Respondent's name: RESPONDENT
AFFIDAVIT
I, Deponent's name, aged about Deponent's age years, S/o Sh. Deponent's father's name, R/o Deponent's residential address, Place of verification, do hereby solemnly affirm and declare as under :-
1.That I am the Deponent's relationship to petitioner no.3 of the Petitioner no.3 in the above-noted case and am well conversant with the facts and circumstances of the case, and as such I am competent to swear this affidavit.
2.That the deponent has gone through the averments made in the accompanying application filed under Section 528 of BNSS seeking exemption from filing certified copies, and submits that this application was drafted by my counsel on my instructions and was explained to me in vernacular, and I have understood the same.
3.That the facts stated therein are true to the best of my knowledge and belief and nothing material has been concealed therefrom.
DEPONENT
VERIFICATION :-
I, the above-named deponent, do hereby verify that the facts stated in the above affidavit are true to my knowledge, no part of the same is false, and nothing material has been concealed therefrom.
Verified at Place of verification on this Date of verification day of Month and year of verification.
DEPONENT