Mr. Rohan J. Alva, (DHCLSC) and Mr. Anant Sanghi, Advs v. STATE OF NCT OF DELHI

$~43 to 53 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 697/2022 BUDHI SINGH .....Petitioner Through: None. versus STATE OF NCT OF DELHI .....Respondent Through: Ms. Rupali Bandhopadhya, ASC with Mr. Abhijeet Kumar and Ms. Amisha Gupta, Advocates. Mr. Rahul Tyagi, ASC (CRL), Mr. Karan Grover, Mr. Priyansh Raj Singh Senger and Mr. Aniket Kumar Singh, Advs. 44 + W.P.(CRL) 1044/2022 SURESH CHAND SHARMA .....Petitioner Through: Mr. Rohan J. Alva, (DHCLSC) and Mr. Anant Sanghi, Advs. versus STATE OF NCT OF DELHI .....Respondent Through: Ms. Rupali Bandhopadhya, ASC with Mr. Abhijeet Kumar and Ms. Amisha Gupta, Advocates. Mr. Rahul Tyagi, ASC (CRL), Mr. Karan Grover, Mr. Priyansh Raj Singh Senger and Mr. Aniket Kumar Singh, Advs. 45 + W.P.(CRL) 1067/2022 JAI PAL SINGH .....Petitioner Through: Mr. Arjun Malik, Advocate. versus STATE OF NCT OF DELHI .....Respondent Through: Ms. Rupali Bandhopadhya, ASC with Mr. Abhijeet Kumar This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/08/2025 at 13:31:09 and Ms. Amisha Gupta, Advocates. Mr. Rahul Tyagi, ASC (CRL), Mr. Karan Grover, Mr. Priyansh Raj Singh Senger and Mr. Aniket Kumar Singh, Advs. 46 + W.P.(CRL) 997/2022 BASANT VALLABH .....Petitioner Through: None. versus STATE OF NCT OF DELHI .....Respondent Through: Ms. Rupali Bandhopadhya, ASC with Mr. Abhijeet Kumar and Ms. Amisha Gupta, Advocates. Mr. Rahul Tyagi, ASC (CRL), Mr. Karan Grover, Mr. Priyansh Raj Singh Senger and Mr. Aniket Kumar Singh, Advs. 47 + W.P.(CRL) 2835/2024 RAMESH @ GUDDU .....Petitioner Through: Mr. Arjun Malik, Advocate. versus STATE OF NCT OF DELHI .....Respondent Through: Mr. Rahul Tyagi, ASC (CRL), Mr. Karan Grover, Mr. Priyansh Raj Singh Senger and Mr. Aniket Kumar Singh, Advs. Mr. Rahul Tyagi, ASC (CRL), Mr. Karan Grover, Mr. Priyansh Raj Singh Senger and Mr. Aniket Kumar Singh, Advs. SI Naresh Kumar, PS. Bindapur. 48 This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/08/2025 at 13:31:09 + W.P.(CRL) 299/2024 LOKESH .....Petitioner Through: None. versus STATE (G.N.C.T. OF DELHI) .....Respondent Through: Ms. Rupali Bandhopadhya, ASC with Mr. Abhijeet Kumar and Ms. Amisha Gupta, Advocates. Mr. Rahul Tyagi, ASC (CRL), Mr. Karan Grover, Mr. Priyansh Raj Singh Senger and Mr. Aniket Kumar Singh, Advs. 49 + W.P.(CRL) 1861/2023 KARAMBIR .....Petitioner Through: Mr. Rohan J. Alva, (DHCLSC) and Mr. Anant Sanghi, Advocates. versus STATE OF NCT OF DELHI .....Respondent Through: Mr. Amol Sinha (ASC Criminal for State) along with Mr. Kshitiz Garg, Mr. Ashvini Kumar, Ms. Chavi Lazarus, Mr. Nitish Dhawan and Ms. Sanskriti Nimbekar, Advs. Mr. Rahul Tyagi, ASC (CRL), Mr. Karan Grover, Mr. Priyansh Raj Singh Senger and Mr. Aniket Kumar Singh, Advs. 50 + W.P.(CRL) 18/2024 KISHAN LAL .....Petitioner Through: None. versus STATE .....Respondent Through: Mr. Rahul Tyagi, ASC. This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/08/2025 at 13:31:09 Mr. Rahul Tyagi, ASC (CRL), Mr. Karan Grover, Mr. Priyansh Raj Singh Senger and Mr. Aniket Kumar Singh, Advs. SI Mohan Lal Delu, PS Alipur. 51 + W.P.(CRL) 2257/2024 HAMBIR SINGH .....Petitioner Through: None. versus STATE OF NCT OF DELHI .....Respondent Through: Ms. Rupali Bandhopadhya, ASC with Mr. Abhijeet Kumar and Ms. Amisha Gupta, Advocates. Mr. Rahul Tyagi, ASC (CRL), Mr. Karan Grover, Mr. Priyansh Raj Singh Senger and Mr. Aniket Kumar Singh, Advs. 52 + W.P.(CRL) 2363/2024, CRL.M.A. 23063/2024 INDERJEET .....Petitioner Through: Mr. Archit Upadhayay, Adv. (DHCLSC) versus STATE NCT OF DELHI .....Respondent Through: Ms. Rupali Bandhopadhya, ASC with Mr. Abhijeet Kumar and Ms. Amisha Gupta, Advocates. Mr. Rahul Tyagi, ASC (CRL), Mr. Karan Grover, Mr. Priyansh Raj Singh Senger and Mr. Aniket Kumar Singh, Advs. 53 + W.P.(CRL) 4080/2024 YOGESH SHARMA @YOGI .....Petitioner Through: None. This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/08/2025 at 13:31:09 versus STATE (NCT OF DELHI) .....Respondent Through: Ms. Rupali Bandhopadhya, ASC with Mr. Abhijeet Kumar and Ms. Amisha Gupta, Advocates. Mr. Rahul Tyagi, ASC (CRL), Mr. Karan Grover, Mr. Priyansh Raj Singh Senger and Mr. Aniket Kumar Singh, Advs. CORAM: HON'BLE MR. JUSTICE VIVEK CHAUDHARY HON'BLE MS. JUSTICE SHALINDER KAUR O R D E R % 30.07.2025 1. The learned Additional Standing Counsel (ASC) for the State submits that vide Order dated 15.07.2025, the Co-ordinate Bench of this Court has disposed of the Criminal References bearing Nos. 1/2025 to 11/2025, wherein it examined four critical issues pertaining to the interpretation of ‘Note 2’ to Rule 1224 of the Delhi Prison Rules, 2018. 2. The learned ASC submits that this Court in the said Judgment has held that the Note 2 to the said Rule cannot be construed to preclude such prisoners from applying for furlough or parole solely due to the pendency of their Criminal Appeal or Special Leave Petition before the Supreme Court. It has also held that the mere pendency of an appeal before the Supreme Court cannot be an absolute bar to furlough and that each case must be assessed on its own merits, subject to the eligibility criteria under the Rules and ambit of judicial review under Article 226 of the Constitution of India. This This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/08/2025 at 13:31:09 Court has further held that the jurisprudence developed in relation to parole is equally applicable to furlough, as the latter does not amount to Suspension of Sentence and has set aside the Order dated 03.07.2023 passed by the learned Single Judge insofar as it interpreted the term “High Court” in Note 2 to Rule 1224 to include the “Supreme Court,” holding that such interpretation is legally unsustainable. 3. He submits that the ground cited in the Impugned Orders rejecting the applications of the petitioners for grant of furlough and parole, except in W.P. (CRL) 697 of 2022 titled as ‘Budhi Singh vs State of NCT of Delhi’, was the pendency of the Special Leave Petition/Criminal Appeal before the before the Supreme Court. In view of the fact that the Reference has now been answered, he submits, it is appropriate that the Appropriate/Administrative Authority should hear the said applications and dispose them of accordingly. 4. The learned counsels for the petitioners, accordingly, submit that these petitions be directed to be treated as representations for grant of furlough and parole, respectively, to be disposed of in an expeditious manner by the Appropriate/Administrative Authority. 5. As regards W.P. (CRL) 2257 of 2024 titled ‘Hambir Singh vs. State of NCT of Delhi,’ the contentions raised and the relief sought challenging the constitutional validity of the Note 2 to Rule 1224 of the Delhi Prison Rules, 2018, stand addressed by the Co-ordinate Bench of this Court in response to the References; hence, nothing further survives for adjudication in the present petition. However, the This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/08/2025 at 13:31:09 petitioner is at liberty to approach the Appropriate/Administrative Authority, with an appropriate application, in accordance with law, if so advised. 6. Even in W.P. (CRL) 697 of 2022 titled ‘Budhi Singh vs. State of NCT of Delhi’, the learned counsel seeks and is granted liberty to approach the Appropriate/Administrative Authority with an appropriate application, in accordance with law. 7. In view of the above, let the petitions by other petitioners except for Hambir Singh and Budhi Singh be treated as representations to be considered by the Appropriate/Administrative Authority. Needless to say, the representations by the petitioners and fresh petitions, if moved, be decided expeditiously and in accordance with law. 8. In view of the aforesaid directions, nothing survives in the present petitions before this Court and are accordingly disposed of. 9. A copy of this Order be sent to the Deputy Inspector General of Prisons for information and necessary compliance. VIVEK CHAUDHARY, J SHALINDER KAUR, J JULY 30, 2025/SU/KP