Authorities can decide parole, furlough when appeal pending in SC: Delhi HC

The Delhi High Court on Tuesday ruled prison authorities can decide a plea of parole and furlough even when the matter was pending in the Supreme Court.

A bench of Justices Pratibha M Singh and Amit Sharma observed the Delhi Prison Rules did not bar consideration of parole and furlough if a convict's appeal against the conviction was pending in the Supreme Court.

The bench, however, noted whether the relief could be granted or not was a different issue altogether and depended on the facts of each case.

Furlough and parole envisage a short-term temporary release of convict from jail.

"It is an altogether different question as to whether in the facts of a specific case, the prison authorities ought to grant parole or furlough, if the Supreme Court is seized of the matter either in a Special Leave Petition or in an Appeal. The grant or non grant of the parole and furlough on merit would depend on the facts of each case," the bench said.

While parole is granted to the prisoner to meet a specific exigency, furlough may be granted after a stipulated number of years have been served without any reason.

There could be a situation in which the Supreme Court might have specifically refused to grant suspension of sentence or refused bail to a particular convict, the bench said.

"In such cases," the high court said, "a deeper scrutiny would be required by the prison authorities as to whether parole or furlough could be granted to the convict."  The bench clarified that the mere fact that the authorities could exercise power did not mean parole or furlough ought to be granted as a matter of right.

"The authorities would have to bear in mind the non-grant of suspension or bail by the Supreme Court or other relevant circumstances and the same may have an impact on the consideration of parole/furlough."  According to the bench, the Delhi Prison Rules couldn't be interpreted to hold that the right of prisoners to apply for parole or furlough was barred when their criminal appeal or special leave petition were pending before the Supreme Court.

"Mere pendency of criminal appeal/Special Leave Petition before the Supreme Court cannot be taken as a bar for release on furlough, each case would be determined on its own eligibility criteria as per rules by the competent authority and the same would be subject to judicial review under Article 226 of the Constitution of India by the High Court," it said.

The power to suspend sentence and grant bail was observed to be distinct from the power to grant parole or furlough.

"Thus, while appeals are pending before a higher forum, grant of parole and furlough can be considered as per the applicable prison rules by the jail authorities," it added.

The court was hearing a batch of petitoins on the legal issue.