The Delhi High Court has mandated that prison authorities must establish rules to cover situations where convicted prisoners, released on parole or furlough, are unable to surrender at the end of their release period owing to health complications, advanced age, or other circumstances beyond their control. The court observed that the existing framework under the Delhi Prison Rules does not adequately address these contingencies, leaving some inmates caught in a legal limbo when they exceed the permissible parole period due to disability or illness.
In the case before the court, the petitioner had been convicted under Sections 498-A and 304-B of the Indian Penal Code and sentenced to seven years’ imprisonment. She had, on grounds of serious medical condition and advanced age, been released on parole and had remained outside prison even after the parole period lapsed, due to being bedridden and unable to travel. The court noted that although her conduct was not in dispute, the authorities lacked an established mechanism to regularise her continued stay out of custody.
Justice Amit Mahajan observed that the maximum parole or furlough under the current rules is sixteen weeks, and there was no provision for extension where the convict is physically incapacitated and unable to surrender back by the deadline. The bench said it was incumbent on the appropriate authorities to either amend the Delhi Prison Rules, 2018 or frame supplementary guidelines to deal with such exigencies in a humane and legally secure manner.
The court pointed out that absent clear rules, inmates may remain free without formal extension of parole, or conversely be considered in violation of their release conditions simply because they could not return on time due to uncontrollable reasons. This scenario can jeopardise their eligibility for remission, future reliefs, or create points of contention for prison discipline. The court observed that justice and fairness require a system that recognises genuine inability to surrender and provides a clear path forward.
The High Court directed the Delhi government and the Department of Prisons to prepare a draft of such rules or amendments within eight weeks. The draft should define criteria for extension of parole/furlough in cases of serious illness or disability, lay down the procedure to formally register the extension, and indicate how the surrender date may be modified by the competent authority without penal consequence. The court also required the authorities to submit a status report on how many convicts are currently affected by such situations.
This decision emphasises the need to balance custodial discipline with humane treatment of prisoners who face physical incapacity. It signals that the legal system recognises the dignity and rights of inmates who through no fault of their own cannot comply with procedural surrender timelines. The order thus aims at creating a structured and compliant mechanism to address parole cases complicated by health or age-related issues, ensuring that inmates are not unfairly penalised for circumstances beyond their control.
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