IN THE MATTER OF :-
Petitioner's name: PETITIONER
VERSUS
Respondent's name: RESPONDENT
I N D E X
| 4. | LIST OF DATES AND EVENTS | |
| 5. | WRIT PETITION UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA READ WITH SECTION 528 OF BNSS, ALONG WITH THE AFFIDAVIT OF THE PETITIONER | |
| 6. | ANNEXURE P-1: COPY OF THE POLICY DATED Date of policy for premature release | |
| 7. | ANNEXURE P-2: COPY OF THE ORDER DATED Date of High Court order PASSED BY THIS HON'BLE COURT IN W.P.(CRL.) Writ petition number/2023 | |
| 8. | ANNEXURE P-3 (COLLY.): CERTIFICATE OF APPRECIATION ALONG WITH THE JOB LETTER OF THE PETITIONER | |
| 9. | ANNEXURE P-4: COPY OF THE ORDER DATED Date of Supreme Court order PASSED BY THE HON'BLE SUPREME COURT IN SLP (CRL.) NO. SLP (Crl.) number before the Supreme Court | |
| 10. | ANNEXURE P-5: COPY OF THE CUSTODY CERTIFICATE OF THE PETITIONER | |
| 11. | ANNEXURE P-6 (COLLY.): COPY OF THE EMAIL DATED Date of petitioner's email SENT BY THE PETITIONER AND ITS REPLY DATED Date of reply to email | |
| 12. | ANNEXURE P-7 (COLLY.): COPY OF THE LETTER DATED Date of respondent's letter SENT BY THE RESPONDENT TO THE JAIL AUTHORITIES IN RESPECT OF THE ORDER DATED Date of Sentence Review Board order IN THE SRB MATTER, ALONG WITH THE REJECTION LIST FOR PREMATURE RELEASE | |
| 13. | APPLICATION UNDER SECTION 528 OF BNSS SEEKING EXEMPTION FROM FILING CERTIFIED COPIES, WITH THE AFFIDAVIT IN SUPPORT THEREOF | |
DELHIFILED BY
DATED:
Date of filing
COUNSEL FOR THE PETITIONER
Office: Counsel's office address
Mob. No.: Counsel's mobile number
Email:
IN THE HIGH COURT OF DELHI AT NEW DELHI
CRL. M.A. NO. Criminal miscellaneous application number OF 2024
IN
CRL. WRIT PETITION NO. Criminal writ petition number OF 2023
IN THE MATTER OF: -
**Petitioner's name: PETITIONER**
VERSUS
Respondent's name: RESPONDENT
NOTICE OF MOTION
To
STATE (GOVT. OF NCT OF DELHI)
Through the Home Secretary,
Delhi Secretariat,
Sachivalaya Road, Indoor Stadium,
New Delhi – 110001.
Sir,
The enclosed criminal writ petition / application in the aforementioned writ petition is being filed on behalf of the PETITIONER and is likely to be listed on Probable date of listing in the Notice of Motion or on any date thereafter. Please take notice accordingly.
DELHIFILED BY
DATED:
Date of filing
COUNSEL FOR THE PETITIONER
Office: Counsel's office address
Mob. No.: Counsel's mobile number
Email:
IN THE HIGH COURT OF DELHI AT NEW DELHI
CRL. WRIT PETITION NO. Criminal writ petition number OF 2024
IN THE MATTER OF: -
Petitioner's name: PETITIONER
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 writ petition / 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 as set out in the accompanying petition / application.
Yours faithfully,
DELHIFILED BY
DATED:
Date of filing
COUNSEL FOR THE PETITIONER
Office: Counsel's office address
Mob. No.: Counsel's mobile number
Email:
IN THE HIGH COURT OF DELHI AT NEW DELHI
CRL. WRIT PETITION NO. Criminal writ petition number OF 2024
IN THE MATTER OF: -
Petitioner's name: PETITIONER
VERSUS
Respondent's name: RESPONDENT
MEMO OF PARTIES
Petitioner's name
Petitioner's description: PETITIONER
VERSUS
Respondent's name: RESPONDENT
DELHIFILED BY
DATED:
Date of filing
COUNSEL FOR THE PETITIONER
Office: Counsel's office address
Mob. No.: Counsel's mobile number
Email:
IN THE HIGH COURT OF DELHI AT NEW DELHI
CRL. WRIT PETITION NO. Criminal writ petition number OF 2024
IN THE MATTER OF: -
Petitioner's name: PETITIONER
VERSUS
Respondent's name: RESPONDENT
CRIMINAL WRIT PETITION ON BEHALF OF THE PETITIONER UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA READ WITH SECTION 528 OF BNSS, SEEKING QUASHING OF THE ONE-YEAR SENTENCE EXTENSION IMPOSED UPON THE PETITIONER DUE TO AN UNINTENTIONAL DELAY IN SURRENDER, AND FURTHER SEEKING A DIRECTION TO THE RESPONDENT AND THE SENTENCE REVIEW BOARD TO CONSIDER THE PETITIONER'S PREMATURE RELEASE UNDER THE POLICY DATED Date of policy for premature release.
MOST RESPECTFULLY SHOWETH: -
1.That the Petitioner has invoked the extraordinary jurisdiction of this Hon'ble Court under Article 226 of the Constitution of India read with Section 528 of BNSS, seeking quashing of the one-year sentence extension imposed upon the Petitioner owing to an unintentional delay in surrender, and further seeking a direction to the Respondent and the Sentence Review Board to consider the Petitioner's premature release under the Policy dated Date of policy for premature release.
2.That the Respondent is an instrumentality of the State within the meaning of Article 12 of the Constitution of India and is amenable to the jurisdiction of this Hon'ble Court.
3.That the Petitioner was convicted under Section 307 IPC in FIR No. FIR number/Year of registration of the FIR, registered at Police Station Police station, Delhi. 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 inclusive of remission.
4.That the Petitioner's case for premature release falls under the Policy dated Date of policy for premature release, issued by the Hon'ble Lt. Governor of NCT of 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 shall be eligible for premature release after completion of 14 years of actual imprisonment. Copy of the Policy dated Date of policy for premature release is annexed as Annexure P-1.
5.That the Petitioner 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 Petitioner is eligible for release under the first category, which requires 14 years of actual sentence without remission.
6.That despite having completed the requisite period of sentence under the said Policy, the Petitioner continues to remain incarcerated, and no steps have been taken by the Sentence Review Board (SRB) to finalise his premature release, notwithstanding the direction of this Hon'ble Court vide order dated Date of High Court order. The Petitioner, along with others, was a party to collective writ proceedings bearing No. Writ petition number/2023 filed before this Hon'ble Court, wherein multiple petitioners sought relief under the Policy dated Date of policy for premature release. Copy of the order dated Date of High Court order is annexed as Annexure P-2.
7.That on Date of High Court direction, this Hon'ble Court directed that the Petitioner be considered / reconsidered by the Sentence Review Board for premature release, in terms of the Policy dated Date of policy for premature release, within a period of eight weeks, and further directed 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 of the Hon'ble Court, the Sentence Review Board has failed to comply with the order. No decision has been communicated to the Petitioner, and no update has been provided regarding the status of his premature release. This continued delay constitutes a flagrant violation of the Court's order, and the Petitioner remains in prison despite being legally entitled to premature release.
8.That the Petitioner has consistently demonstrated good conduct while in prison, as evidenced by the fact that he has been granted furlough on multiple occasions, the last furlough having been granted from Start date of last furlough to End date of last furlough. Further, the Petitioner donated one of his kidneys, completed his education while in jail, and received an offer of employment from a private company during this period. This clearly indicates that the Petitioner's conduct in jail has been satisfactory and unblemished. Copy of the letter of appreciation along with the job letter is annexed as Annexure P-3 (Colly.).
9.That after the passing of the order dated Date of Supreme Court order, the Petitioner also filed a Special Leave Petition bearing No. Start of SLP number range-End of SLP number range/2024 before the Hon'ble Supreme Court seeking a stay of his surrender before the Jail until the disposal of his premature release petition pending before the Sentence Review Board. The Hon'ble Supreme Court was pleased to grant a stay on the Petitioner's surrender; however, the said stay was vacated vide order dated Date of vacation of stay. Copy of the order dated Date of Supreme Court order is annexed as Annexure P-4.
10.That thereafter, being a law-abiding citizen, the Petitioner surrendered himself before the Jail on Date of surrender before jail, immediately after the order dated Date of Supreme Court order was uploaded on the official website of the Hon'ble Supreme Court. It is pertinent to mention that the Petitioner also sent an email dated Date of petitioner's email making an inquiry regarding the status of his surrender before the Jail, which was duly answered by the Jail Authority on Date of reply to email. Copies of the email dated Date of petitioner's email and its reply dated Date of reply to email are annexed as Annexure P-6 (Colly.).
11.That the Jail Authority informed the Petitioner that the Sentence Review Board had rejected his consideration for premature release, along with that of Number of other prisoners whose release was rejected others, vide order dated Date of Sentence Review Board order, as stated in the letter dated Date of respondent's letter issued by the Respondent, and that a delay of Delay in surrender (in days) days in surrender was cited as the reason for adding a further period of Extended sentence duration to his sentence as a penalty. It is pertinent to mention that the Petitioner was on furlough, extended by the Hon'ble Supreme Court until the disposal of his premature release application. When the stay was vacated by the Hon'ble Supreme Court on Date of vacation of stay, the Petitioner immediately attempted to surrender. Owing to a delay in the availability of the said order, he was able to surrender only on Date of surrender before jail, despite his prompt actions, which included sending an email to the Jail Authorities for confirmation. Copy of the letter dated Date of respondent's letter, along with the list of rejections of premature release, is annexed as Annexure P-7 (Colly.).
12.That the Petitioner also approached the Hon'ble High Court by filing a Criminal Miscellaneous Application in Writ Petition bearing No. Writ petition number/2023 seeking a direction to the Respondent to comply with the order dated Date of High Court order regarding the premature release of the Petitioner. However, the said application was withdrawn on Date of withdrawal of application when the Petitioner learnt of the rejection of his premature release by the Sentence Review Board / Respondent.
GROUNDS
A.Because the decision of the Jail Authority to extend the Petitioner's sentence by Extended sentence duration on account of a delay of Delay in surrender (in days) in surrender is arbitrary and disproportionate. The delay in surrender was unintentional and was occasioned by the genuine unavailability of the order dated Date of Supreme Court order passed by the Hon'ble Supreme Court, which was uploaded only on Date of uploading of Supreme Court order. Upon learning that his extension of furlough had not been granted, the Petitioner surrendered himself before the Jail Authority on the same day, and for this he cannot be penalised, as such penalty violates Article 21 of the Constitution.
B.Because the non-compliance by the Sentence Review Board with the direction of this Hon'ble Court vide order dated Date of High Court order, and its arbitrary refusal to consider the premature release of the Petitioner despite his eligibility under the policy dated Date of policy for premature release, violates his fundamental rights under Articles 14 and 21 of the Constitution and has resulted in his continued unlawful detention. Kuldeep & Ors. v. State (Govt. of NCT of Delhi): demonstrates similar relief granted to convicts eligible under the Policy year policy, reinforcing the Petitioner's claim for premature release.
C.Because the Petitioner has demonstrated his reformation through his impeccable conduct in jail, including donating an organ, pursuing his education, and securing offers of employment as a reformed individual. Such conduct is in alignment with the requirements of the Policy year policy, wherein good conduct is a critical factor for premature release. State of Haryana v. Jagdish (2010): emphasises that the policy most beneficial to the convict at the time of conviction ought to be applied, which supports the Petitioner's eligibility under the Policy year policy.
D.Because the Hon'ble Supreme Court has granted relief to similarly situated convicts in several writ petitions, directing their premature release under the policy dated Date of policy for premature release. The Petitioner's case stands on the same footing as those cases in which exemptions from surrender have been granted. Kuldeep & Ors. v. State (Govt. of NCT of Delhi) (W.P. Crl. No. 142/2023): the Hon'ble Supreme Court granted exemptions from surrender to similarly situated convicts under the policy dated Date of policy for premature release.
E.Because the repeated refusal of the Sentence Review Board to consider the Petitioner's case on the ground of the nature of the offence is contrary to the policy dated Date of policy for premature release. The said policy gives priority to good conduct and the period of sentence served over the nature of the offence. K. Ramachandra Reddy v. State of Karnataka (2002): affirms that non-compliance with court orders amounts to a serious violation of the rule of law and may invite contempt proceedings against the non-complying authority.
F.Because the Petitioner is endeavouring to reintegrate himself into the mainstream of society, having been deprived of the love and affection of his family members and of society. There has been no complaint against him since 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.
G.Because the conduct of the Petitioner in jail has never been found objectionable by the Jail Authorities; save for one minor incident in Year of minor incident in jail, not even a single punishment has been imposed upon the Petitioner during his incarceration. Sunil Fulchand Shah v. Union of India (2000): highlights the role of good conduct in considerations of parole and premature release, a crucial factor in the present case, as the Petitioner has displayed exemplary behaviour in prison.
13.That the Petitioner has not filed any other similar writ petition seeking the same relief, either before this Hon'ble Court or before the Hon'ble Supreme Court of India.
-: P R A Y E R :-
It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to:
(a)Issue a writ of certiorari, or any other appropriate writ, order or direction, quashing the arbitrary extension of the Petitioner's sentence by Extended sentence duration imposed by the Jail Authority on account of the minor and unintentional delay in surrender during furlough;
(b)Issue a writ of mandamus directing the Respondent / Sentence Review Board to comply with the order dated Date of High Court order passed by this Hon'ble Court in Writ Petition bearing No. Writ petition number/2023, and to consider and finalise the Petitioner's case for premature release in strict accordance with the policy dated Date of policy for premature release, without any further delay;
(c)Direct the Respondent to release the Petitioner forthwith under the policy dated Date of policy for premature release, having regard to the period of sentence already served and his demonstrated reformation and eligibility for premature release;
(d)Pass any such other or further order(s) as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case and in the interest of justice.
New DelhiPETITIONER
THROUGH:
DATED: Date of filing
COUNSEL FOR THE PETITIONER
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. MISC. APPLICATION NO. Criminal miscellaneous application number OF 2024
IN
CRL. WRIT PETITION No. Criminal writ petition number OF 2024.
IN THE MATTER OF :-
Petitioner's name: PETITIONER
VERSUS
Respondent's name: RESPONDENT
APPLICATION ON BEHALF OF THE PETITIONER UNDER SECTION 528 OF BNSS FOR EXEMPTION FROM FILING CERTIFIED COPIES OF THE Description of annexures for certified copies.
MOST RESPECTFULLY SHOWETH :-
1.That the applicant/petitioner has filed annexures along with the main writ petition in support of the petition, and the annexures so filed are true, correct and compared copies of the originals.
2.That the petitioner shall apply for obtaining certified copies of the annexures and undertakes to file the same as soon as they are made available by the copying agency concerned.
It is, therefore, most respectfully prayed that this Hon'ble Court may kindly be pleased to exempt the petitioner from filing certified copies of the annexures.
Such other and further orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case may also be passed in the interest of justice.
It is prayed accordingly.
DELHIPETITIONER
THROUGH
DATED : Date of filing
COUNSEL FOR THE PETITIONER
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. WRIT PETITION No. Criminal writ petition number OF 2024.
IN THE MATTER OF :-
Petitioner's name: PETITIONER
VERSUS
Respondent's name: RESPONDENT
AFFIDAVIT
Affidavit of Deponent's name, aged about Deponent's age years, S/o Sh. Deponent's father's name, R/o Deponent's address, do hereby solemnly affirm and declare as under: -
1.That I am the perokar/friend of the petitioner 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 Writ Petition under Article 226 of the Constitution of India read with 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 Delhi on this Date of verification of affidavit 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.C. NO. Criminal miscellaneous application number OF 2024.
IN
CRL. WRIT PETITION No. Criminal writ petition number OF 2024.
IN THE MATTER OF :-
Petitioner's name: PETITIONER
VERSUS
Respondent's name: RESPONDENT
AFFIDAVIT
Affidavit of Deponent's name, aged about Deponent's age years, S/o Sh. Deponent's father's name, R/o House number of deponent's address, Locality of deponent's address, Deponent's address, do hereby solemnly affirm and declare as under: -
1.That I am the perokar/friend of the petitioner 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 I have gone through the averments made in the accompanying application filed under Section 528 of BNSS seeking exemption from filing certified copies; the said application was drafted by my counsel on my instructions and was read over and explained to me in vernacular, and I understood the same.
3.I say 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 New Delhi on this Date of verification of affidavit day of Month and year of verification.
DEPONENT