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 AFFIDAVIT OF THE PEROKAR | |
| 6. | ANNEXURE P-1; COPY OF POLICY DATED 16.07.2004 | |
| 7. | ANNEXURE P-2; COPY OF ORDER DATED 24.01.2024 PASSED BY THIS HON'BLE COURT IN W.P.(CRL.) Writ petition number (Annexure P-2)/2023 | |
| 8. | ANNEXURE P-3 (COLLY.); CERTIFICATE OF APPRECIATION ALONG WITH JOB LETTER OF THE PETITIONER | |
| 9. | ANNEXURE P-4; COPY OF ORDER DATED 01.10.2024 PASSED BY THE HON'BLE SUPREME COURT IN SLP (CRL.) NO. SLP number (Annexure P-4)/2024 | |
| 10. | ANNEXURE P-5; COPY OF CUSTODY CERTIFICATE OF THE PETITIONER | |
| 11. | ANNEXURE P-6 (COLLY.); COPY OF EMAIL DATED 04.10.2024 SENT BY THE PETITIONER ALONG WITH ITS REPLY DATED 05.10.2024 | |
| 12. | ANNEXURE P-7 (COLLY.); COPY OF LETTER DATED 18.10.2024 SENT BY THE RESPONDENT TO THE JAIL AUTHORITY IN RESPECT OF THE ORDER DATED 15.10.2024 IN THE SRB MATTER, ALONG WITH THE REJECTION LIST OF PREMATURE RELEASE | |
| 13. | APPLICATION UNDER SECTION 528 OF BNSS FOR EXEMPTION FROM FILING CERTIFIED COPIES, WITH AFFIDAVIT IN SUPPORT | |
DELHIFILED BY
DATED:
Date of filing, Counsel's name&
Counsel's enrolment number
COUNSEL FOR THE PETITIONER
Office: Counsel's office address
Counsel's address line
Mob. No.: +91-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. W.P. NO. Criminal writ petition number (2023) OF 2023
IN THE MATTER OF:-
**Petitioners' names: PETITIONERS**
VERSUS
Respondent's name: RESPONDENT
NOTICE OF MOTION
To
Addressee of notice of motion
Through Respondent's representative designation,
Respondent's address line 1
Respondent's address line 2
Sir,
The enclosed criminal writ petition/application in the aforesaid writ petition is being filed on behalf of the PETITIONER and is likely to be listed on Expected date of listing or on any date thereafter. Please take notice accordingly.
DELHIFILED BY
DATED:
Date of filing, Counsel's name&
Counsel's enrolment number
COUNSEL FOR THE PETITIONER
Office: Counsel's office address
Counsel's address line
Mob. No.: +91-Counsel's mobile number
Email:
IN THE HIGH COURT OF DELHI AT NEW DELHI
CRL. W.P. 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,
Will you kindly treat the accompanying writ petition/application as an urgent one in accordance with the provisions of the Delhi High Court Rules and Regulations and the orders issued thereunder.
The grounds of urgency are as set out in the accompanying writ petition/application.
Yours faithfully,
DELHIFILED BY
DATED:
Date of filing, Counsel's name&
Counsel's enrolment number
COUNSEL FOR THE PETITIONER
Office: Counsel's office address
Counsel's address line
Mob. No.: +91-Counsel's mobile number
Email: Counsel's email address
IN THE HIGH COURT OF DELHI AT NEW DELHI
CRL. W.P. NO. Criminal writ petition number OF 2024
IN THE MATTER OF:-
**Petitioner's name: PETITIONER**
VERSUS
Respondent's name: RESPONDENT
MEMO OF PARTIES
MR. Petitioner's name
S/o Petitioner's father's name
R/o Petitioner's address
Petitioner's additional address line
Through his Perokar, Perokar's name
S/o Sh. Perokar's father's name, R/o Perokar's address: PETITIONER
VERSUS
Respondent's name
Respondent's designation
Respondent's address: RESPONDENT
DELHIFILED BY
DATED:
Date of filing, Counsel's name&
Counsel's enrolment number
COUNSEL FOR THE PETITIONER
Office: Counsel's office address
Counsel's address line
Mob. No.: +91-Counsel's mobile number
Email:
IN THE HIGH COURT OF DELHI AT NEW DELHI
CRL. W.P. NO. Criminal writ petition number OF 2024
IN THE MATTER OF:-
MR. Petitioner's name
S/o Petitioner's father's name
R/o Petitioner's address
Petitioner's additional address line
Through his Perokar, Mr. Perokar's name
S/o Perokar's father's name
Perokar's address **: PETITIONER**
VERSUS
Respondent's name
Through Respondent's representative designation,
Respondent's address line 1,
Respondent's address line 2: 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 ON ACCOUNT OF AN UNINTENTIONAL DELAY IN SURRENDER, AND FOR A FURTHER DIRECTION TO THE RESPONDENT AS WELL AS THE SENTENCE REVIEW BOARD TO CONSIDER THE PETITIONER'S PREMATURE RELEASE UNDER THE POLICY DATED 16.07.2004.
MOST RESPECTFULLY SHOWETH:-
1.That the Petitioner has sought to invoke 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 on account of an unintentional delay in surrender, and for a further direction to the Respondent as well as the Sentence Review Board to consider the Petitioner's premature release under the Policy dated 16.07.2004.
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/2010, registered at Police station. The Petitioner was sentenced to imprisonment for life and has already undergone 12.8 years of actual imprisonment and 14.6 years of imprisonment including remission.
4.That the Petitioner's case for premature release falls under the Policy dated 16.07.2004, passed by Authority which passed the 2004 policy, which governs the premature release of prisoners convicted prior to the introduction of the Delhi Prison Rules, 2018. As per this Policy, convicts undergoing imprisonment for life shall be eligible for premature release after completing 14 years of actual imprisonment. Copy of the Policy dated 16.07.2004 is annexed as Annexure P-1.
5.That the Petitioner is not covered by Section 433A Cr.P.C., and is therefore not subjected to the provisions requiring a minimum of 20 years of imprisonment in respect of 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 remains 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 24.01.2024. The Petitioner and others were included in collective writ petitions bearing No. Collective writ petition number/2023 filed before this Hon'ble Court, wherein multiple petitioners sought relief under the Policy dated 16.07.2004. Copy of the order dated 24.01.2024 is annexed as Annexure P-2.
7.That on 24.01.2024, 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 16.07.2004, within a period of eight weeks. It was further directed that the decision of the Sentence Review Board shall 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 updates have been provided regarding the status of his premature release. This continued delay is in blatant 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 during incarceration, as evidenced by the fact that he has been granted furlough on multiple occasions, the last such furlough having been granted for the period Start date of last furlough to End date of last furlough. During this period, the Petitioner also donated one of his kidneys, completed his education while in jail, and received an offer letter from a private company for employment. This clearly indicates that the conduct of the Petitioner in jail has been satisfactory and clean. Copy of Letter of Appreciation along with Job Letter as Annexure P-3 (Colly).
9.That after the passing of the order dated Date of premature release order, the Petitioner also filed Special Leave Petition bearing No. Special Leave Petition number before the Hon'ble Supreme Court seeking a stay of surrender to jail till the disposal of the premature release petition pending before the State Review Board. The Hon'ble Supreme Court was pleased to grant a stay on the surrender of the Petitioner; however, the same was vacated vide order dated Date of order vacating stay on surrender. Copy of Order dated Date of order vacating stay on surrender 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 order vacating stay on surrender was uploaded on the official website of the Hon'ble Supreme Court. It is not out of place to mention that the Petitioner also sent an email dated Date of surrender enquiry email making an inquiry regarding his status for surrender before the jail, which was duly answered by the Jail Authority on Date of surrender before jail. Copy of the email dated Date of surrender enquiry email and its reply dated Date of surrender before jail are annexed as Annexure P-6 (Colly).
11.That the Jail Authority informed the Petitioner that the Sentence Review Board had rejected his consideration, along with 78 others, vide order dated Date of Sentence Review Board rejection order, as stated in the letter dated Date of letter conveying rejection received from the Respondent, and that the Jail Authority, citing a minor delay of four days in surrender as the reason, added one more year to the Petitioner's sentence as a penalty. It is pertinent to mention herein 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 order vacating stay on surrender, the Petitioner immediately attempted to surrender. Owing to a delay in the availability of the 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 seeking confirmation. Copy of the letter dated Date of letter conveying rejection along with the list of rejection of premature release is annexed as Annexure P-7 (Colly).
12.That the Petitioner also approached this Hon'ble Court by filing a Criminal Miscellaneous Application in Writ Petition bearing No. Writ petition number (earlier application)/2023, seeking a direction to the Respondent to comply with the order dated Date of premature release order regarding the premature release of the Petitioner. However, the same was withdrawn on Date of withdrawal of criminal miscellaneous 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 one year on account of a four-day delay in surrender is arbitrary and disproportionate. The delay in surrender was unintentional and attributable to the genuine unavailability of the order dated Date of order vacating stay on surrender passed by the Hon'ble Supreme Court, which was uploaded only on Date of surrender before jail; upon ascertaining that the extension of his furlough had not been granted, the Petitioner surrendered himself before the Jail Authority on the same day, for which he cannot be penalised, such penalty being violative of 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 premature release order, and its arbitrary refusal to consider the premature release of the Petitioner despite his eligibility under the 2004 policy, violates his rights under Articles 14 and 21 of the Constitution, resulting in his continued unlawful detention. Kuldeep & Ors. vs. State (Govt. of NCT of Delhi): demonstrates similar relief granted to convicts eligible under the 2004 policy, reinforcing the Petitioner's claim for premature release.
C.Because the Petitioner has demonstrated reformation through his impeccable conduct in jail, having made significant contributions, 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 2004 policy, under which good conduct is a critical factor for premature release. In State of Haryana vs. Jagdish (2010), it has been emphasised that the policy most beneficial to the convict at the time of conviction should apply, which supports the Petitioner's eligibility under the 2004 policy.
D.Because the Hon'ble Supreme Court has granted relief to similarly situated convicts in several writ petitions, ordering their premature release under the policy dated 16.07.2004. 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 16.07.2004.
E.Because the repeated refusal of the Sentence Review Board to consider the case of the Petitioner on the ground of the nature of the offence is contrary to the policy dated 16.07.2004, which prioritises good conduct and time served over the nature of the offence. K. Ramachandra Reddy vs. State of Karnataka (2002): affirms that non-compliance with orders of the Court amounts to a serious violation of the rule of law and could lead to contempt proceedings against the non-complying authority.
F.Because the Petitioner is endeavouring to reform himself and to reintegrate 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 after his release on furlough, and the Petitioner undertakes that he shall not harass anyone and that no complaint of any kind will be received against him.
G.Because the conduct of the Petitioner in jail has never been found objectionable by the jail authorities, barring one minor incident in Year of minor jail incident, and not even a single punishment has been imposed upon the Petitioner during his period of incarceration. Sunil Fulchand Shah vs. Union of India (2000): highlights the role of good conduct in parole and premature release considerations, 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 be pleased to:
(a)issue a writ of certiorari or any other appropriate direction, thereby setting aside the arbitrary one-year extension of sentence imposed upon the Petitioner 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 direction contained in the order dated Date of premature release order passed by this Hon'ble Court in Writ Petition bearing No. Writ petition number (earlier application)/2023, and to consider and finalise the Petitioner's case for premature release in strict accordance with the policy dated 16.07.2004, without any further delay;
(c)direct the Respondent to release the Petitioner forthwith under the 2004 policy, duly acknowledging the time already served by him and his demonstrated reformation and eligibility for premature release;
(d)pass any such further order or orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case and in the interest of justice.
DELHIPETITIONER
THROUGH
DATED : Date of filing
Counsel's name &
Counsel's enrolment number
COUNSEL FOR THE PETITIONER
Office: Counsel's office address
Counsel's address line
Mob. No.: +91-Counsel's mobile number
Email: Counsel's email address
IN THE HIGH COURT OF DELHI AT NEW DELHI
CRL. MISC. APP. 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 Annexures for which certified copies are exempted.
MOST RESPECTFULLY SHOWETH: -
1.That the applicant / petitioner has filed Annexures along with the main writ petition in support thereof, 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 said 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 the 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's name&
Counsel's enrolment number
COUNSEL FOR THE PETITIONER
Office: Counsel's office address
Counsel's address line
Mob. No. +91-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
AFFIDAVIT
Affidavit of Deponent's name, aged about Deponent's age years, S/o Deponent's father's name, R/o Deponent's address, do hereby solemnly affirm and declare as under: -
1.That I am the Parokar / 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. That 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 misc. case 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 Deponent's father's name, R/o Deponent's address, do hereby solemnly affirm and declare as under: -
1.That I am the Parokar / 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. This application has been drafted by my counsel on my instructions and the contents thereof have been explained to me in vernacular, and I have 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.
DEPONENT