Readiness and Willingness Under Section 16(c) Is Not a Ritualistic Phrase — Plaintiff Must Prove It With Substance, Not Just Words: Karnataka High Court FIR in Disproportionate Assets Case Quashed: Patna High Court Slams SP for 'Non-Application of Mind' and 'Absence of Credible Source Information' Ownership of Vehicle Linked to Commercial Quantity of Heroin – Custodial Interrogation Necessary: Punjab & Haryana High Court Denies Anticipatory Bail under Section 482 BNSS Death Caused by Rash Driving Is Not a Private Dispute — No FIR Quashing on Basis of Compromise in Section 106 BNS Cases: Punjab & Haryana High Court No Bank Can Override Court Orders: Rajasthan High Court Slams Axis Bank for Unauthorized Withdrawal from Court-Ordered FD" Indian Courts Cannot Invalidate Foreign Arbitral Awards Passed Under Foreign Law: Madhya Pradesh High Court Enforces Texas-Based Award Despite Commercial Court’s Contrary Decree Sudden Quarrel over Mound of Earth — Not Murder but Culpable Homicide: Allahabad High Court Eligibility Flows from Birth, Not a Certificate Date: Delhi High Court Strikes Down Rule Fixing Arbitrary Cut-Off for OBC-NCL Certificates in CAPF (AC) Recruitment Bar Under Order II Rule 2 CPC Cannot Be Invoked Where Specific Performance Was Legally Premature Due To Statutory Impediments: P&H High Court Calling Wife by Her Caste Name in Public Just Before Suicide is Immediate Cause of Self-Immolation: Madras High Court Upholds Husband’s Conviction Under Section 306 IPC No Work No Pay Is Not a Universal Rule: Punjab & Haryana High Court Dock Identification Without Prior TIP Is Absolutely Useless: P&H High Court Upholds Acquittal in Attempt to Murder Case Filing Forged Court Pleadings in Union Government’s Name is Criminal Contempt: Karnataka High Court Sentences Litigant to Jail Execution of Will Proved, But Probate Justly Denied Due to Concealment of Property Sale: Delhi High Court Mere Designation Doesn’t Establish Criminal Liability: Bombay High Court Quashes Proceedings Against ICICI Officials in Octroi Evasion Case Fraud on Power Voids the Order: Supreme Court Quashes FIR Against Karnataka BJP Leader R. Ashoka, Slams Politically Motivated Prosecution Cause of Fire Is Immaterial If Fire Itself Is Insured Peril: Supreme Court Rebukes Insurer’s Repudiation Dragging a Trained Army Officer Up 20 Steps Without Resistance? The Story Lacks Credence: Supreme Court Upholds Acquittal in Army Officer’s Murder Semen Stains Alone Do Not Prove Rape: Supreme Court Acquits Doctor Accused of Rape No Mortgage, No SARFAESI: Supreme Court Rules Against NEDFi, Says Recovery Action in Nagaland Without Security Agreement Was Illegal Parity Cannot Be Denied by Geography: Supreme Court Holds Jharkhand Bound by Patna HC's Judgment, Orders Pay Revision for Industries Officer Once Power Flows Continuously from a Synchronized Turbine, It Is No Longer Infirm: Supreme Court Orders TANGEDCO to Pay Fixed Charges to Penna Electricity

Right to File SLP Crucial: Delhi High Court Grants Conditional Parole to Convict

07 May 2024 8:19 AM

By: Admin


The Delhi High Court has granted conditional parole to Amit Gulia, convicted of multiple offenses including murder, allowing him to engage counsel for filing a Special Leave Petition (SLP) before the Supreme Court. Justice Swarana Kanta Sharma's decision highlights the significance of a convict's right to legal representation, with parole granted under stringent conditions to ensure compliance with Delhi Prison Rules.

Background: Amit Gulia, currently serving a life sentence for offenses under Sections 302, 326, 452, 147, 148, and 149 of the Indian Penal Code, had his parole application initially rejected by the competent authority, citing unsatisfactory conduct in 2022. Gulia, however, has shown satisfactory behavior over the past year and sought parole to file an SLP against his conviction. The co-convict, Bharat Bhardwaj, was also granted parole for the same purpose, necessitating a staggered parole period to comply with prison regulations.

Importance of Legal Representation: The court emphasized the convict's right to pursue legal remedies through chosen counsel. "The right to file a Special Leave Petition challenging the High Court’s dismissal of a criminal appeal is crucial and cannot be denied," stated Justice Sharma, underscoring the inadequacy of relying solely on free legal aid in jail.

Compliance with Delhi Prison Rules: The decision carefully considered the conduct of the petitioner, Amit Gulia, under the Delhi Prison Rules, 2018. Despite earlier misconduct, the court noted a year of satisfactory behavior. "The petitioner’s conduct has been satisfactory in the last year, fulfilling the criteria under Rule 1210," the judgment observed, highlighting the absence of punishments post-2022.

Simultaneous Parole of Co-Convicts: Addressing the issue of simultaneous parole for co-convicts, the court referred to Rule 1212, which generally restricts such provisions. The court ensured that Gulia’s parole would commence only after the co-convict, Bharat Bhardwaj, surrenders, maintaining compliance with the rule while accommodating exceptional circumstances.

Legal Reasoning: The judgment meticulously discussed the conditions under which parole could be granted. Rule 1208 of the Delhi Prison Rules, 2018, lists filing an SLP as a valid ground for parole. "The competent authority must consider parole applications on grounds such as filing an SLP, ensuring convicts can pursue their legal rights," the court noted, stressing the alignment of parole with legal provisions.

Justice Sharma remarked, "Denying parole based on the availability of free legal aid in jail undermines the convict’s right to a fair legal process. It is crucial to afford them the opportunity to engage counsel of their choice for filing an SLP."

Conclusion: The Delhi High Court's decision to grant conditional parole underscores the judiciary's commitment to upholding convicts' legal rights while ensuring compliance with prison regulations. This judgment sets a precedent, highlighting the balance between strict adherence to rules and accommodating legal necessities. The conditional parole granted to Amit Gulia not only reaffirms the importance of the right to legal representation but also emphasizes the judiciary's role in ensuring fair legal processes for convicts.

Date of Decision: May 30, 2024

Amit Gulia @ Andal vs. State of NCT of Delhi

 

Latest Legal News