Delhi: HC notice on plea against parole guidelines
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Last Updated: Friday, July 22, 2011, 21:29
  
New Delhi: The Delhi High Court on Friday issued a notice to the city government on a plea challenging the constitutional validity of a parole guideline which denies the benefit of liberty to those whose appeals against conviction are pending decision.

"Issue a notice to the Government of National Capital Territory, Delhi," a bench of Chief Justice Dipak Misra and Justice Sanjiv Khanna said.

The court was hearing a petition, filed by advocate Vivek Sood, alleging the Parole/Furlough: Guidelines, 2010, was "discriminatory" and propagated "inequality" in releasing the convicts on parole.

"The guidelines provide for the relief of parole to the convicts whose appeals against conviction have been dismissed by the High Court. The parole is granted to persons whose acquittal in criminal cases have been set aside by the High Court."

"However, the benefit of release on parole is not available to persons whose appeals against conviction are still pending in the High Court," the petition said.

Urging the court to declare the guidelines as "unconstitutional", the petition said it was against Article 14 (Right to Equality) of the Constitution.

The petition was filed by convict Rajesh Kumar who is in jail since April 4, 2006, after being convicted in a dowry death case.

It alleged the convict, whose appeal against the conviction is unlikely to be heard by the High Court in near future due to pendency of cases, cannot be granted even parole despite the fact that he is in jail for nearly six years because of the "arbitrary" guidelines.

PTI


First Published: Friday, July 22, 2011, 21:29


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