The Delhi High Court, in a matter before it recently held that 'Once a prisoner obtains custody parole in a case, he need not obtain permission from every court where he has been convicted or is pending trial.'

The petitioner, who was a convict and an undertrial in custody in Tihar Jail in Delhi in case arising from an FIR registered /Ss. 302/120-B/34 IPC and section 27 Arms Act - sought custody parole. Notice in this petition was issued- whereupon status report was filed by the concerned Jail Superintendent, Central Jail, Tihar and nominal roll was received from the prison authorities. since the petitioner’s case was being overseen by that police station in Delhi.

The IG Prison and Correctional Services, Home Department, Government of Bihar thereupon filed counter-affidavit, setting-out in detail their position vis-a-vis the petitioner.

Reasoning and Decision of the Delhi High Court

The Delhi High Court found it neither feasible nor fair nor just that one prisoner in a Delhi prison should be treated differently than others, for any reason. Also, the petitioner has been transferred by the Hon’ble Supreme Court out of Bihar to suffer sentence and remain as an undertrial in Delhi for security considerations but without any direction that he is to be dealt with under the Bihar Prison Rules. "Accordingly, Court held that "the Delhi Prison Rules that would apply to the petitioner’s plea for custody parole.

Custody parole and present case

The police departments of the States of Bihar and Delhi are both saying in unison that they cannot assure the petitioner’s custody and safety. Alternatively, they are saying that they would need to deploy inordinately vast resources, if the petitioner’s custody and safety is to be ensured. Rare is it to come-upon a case where State Governments are unsure and dithering to make a commitment that they can ensure the custody of a prisoner. On each of these 03 days of his choosing, the petitioner shall be taken ‘in custody’ to the verified address for a maximum of 06 hours, excluding the time of travel to and from that address, between 6.00 a.m. and 4.00 p.m. on each such day. In order to execute the aforesaid directions, the petitioner is directed to furnish to the Jail Superintendent the address which he would like to visit during custody parole within 03 days of this order, which address may accordingly be verified in advance.

 

Case Details

Name: Mohd Shahabuddin vs State Govt Of NCT Delhi & Anr

Case No.: W.P. (CRL) 1558/2020 & Crl. M.A. No.14691/2020

Date of Decision: December 2, 2020

 

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