LI Network
Published on: January 4, 2024 at 10:40 IST
In a recent ruling, the Delhi High Court underscored that denying an accused the right to pursue legal remedy by filing a Special Leave Petition (SLP) in the Supreme Court, often the last recourse for justice, based on “unsatisfactory conduct” is impermissible.
Justice Swarana Kanta Sharma emphasized that this crucial legal recourse cannot be withheld from an accused, despite the availability of free legal aid in jail or the possibility of filing an SLP from the prison premises.
The Court’s remarks came during a case where parole for four weeks was granted to an accused who contested an order refusing him a three-month parole by the competent authority.
The Court criticized the authority’s decision as “mechanical,” noting that it failed to consider the accused’s satisfactory behavior based on the nominal roll. No major or minor punishment had been issued to the accused after May 2017.
The authority rejected the accused’s parole application on grounds of reported unsatisfactory jail conduct, citing the availability of free legal aid within the prison for filing an SLP.
Highlighting that the accused was eligible for bail as per rules, the Court termed the impugned order as mechanical and lacking in an appreciation of the nominal roll’s contents and the rules governing parole under the Delhi Prison Rules, 2018.