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
"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
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.