The Delhi High Court has severely criticized the authorities for defying the Delhi Prison Rules, 2018, in respect of granting parole and furlough to prisoners. Justice Neena Bansal Krishna emphasized that prolonged incarceration without periodic relief by way of parole or furlough leads to mental and physical suffering of prisoners, and can ultimately result in indiscipline or even anarchy within jails. The Court noted that the rules exist not as mere formalities but to preserve the dignity, mental health, and social bonds of prisoners, as well as to uphold discipline inside prisons. Authorities have repeatedly failed to adhere to the fixed time-frames stipulated by the Prison Rules for considering applications for parole or furlough, which has rendered the very purpose of those provisions hollow.
This judgment was delivered while hearing a petition filed by a murder convict who had submitted a parole application on July 22 seeking one month’s parole. The grounds cited were maintenance of family relationships and to manage stress and depression caused by prolonged incarceration; in addition, the petitioner pointed out that his father was in ill health. Despite the lapse of over a month, no decision had been made by the competent authority. According to the Court’s reading of the Delhi Prison Rules, 2018, such an application must be decided within four weeks. Given that the petitioner satisfied the relevant criteria and no material disqualifications had been shown, the Court directed that four weeks’ parole be granted.
In condemning the systemic disregard of prison rules, the Court observed that many orders have already been passed directing the prison authorities (and the State’s agencies) to show sensitivity towards prisoners’ welfare, and to comply with the procedural mandates around parole and furlough. Yet, as per the Court’s findings, these directions have had little or no effect. The Court remarked that those in authority often sit “in their offices” without regard for either the law or persons in prison, evidencing a failure of administrative accountability.
To address the recurring non-compliance, Justice Krishna has directed the Principal Secretary (Home), Government of NCT Delhi, to appear in person on a fixed date to explain the steps being taken to ensure that parole and furlough applications are processed within the time frames mandated under the prison rules. The Court’s ruling grants the specific relief of parole to the petitioner, but also sends a strong message that prison authorities must respect the statutory framework meant to preserve prisoners’ rights and prevent long, uninterrupted incarcerations that can damage mental health and institutional discipline.
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