HC Reiterates: Convict’s Right to file an SLP against dismissal of his criminal appeal is crucial, even if jail provides Free Legal Aid [Read Judgment]

15 Apr 2023

By : Ayesha Adyasha

The Single Bench of the Delhi High Court in the case of Ved Yadav vs State of NCT of Delhi consisting of Justice Swarana Kanta Sharma reiterated that the right of a convict to file an SLP against the dismissal of his criminal appeal is an essential one, and the same cannot be denied on the ground that free legal aid is available in the jail and SLP can be filed from the jail itself.

Facts

In this petition under Article 226 read with Section 482 of the Code of Criminal Procedure, 1973, the petitioner requested a writ of certiorari to quash the respondent/order State's rejecting the petitioner's parole application and mandamus to release the petitioner on parole for two months.

Procedural History

The petitioner was convicted u/s 302/324 of the Indian Criminal Code, 1860, for an FIR made at Police Station Samaypur Badli, Delhi, and sentenced to life in jail on 11.10.2019. His appeal against conviction was denied by this Court. The petitioner served roughly 8 years and 10 months in this case. The petitioner requested parole for two months to hire an attorney and gather funds to file a Special Leave Petition (SLP) before the Hon’ble Supreme Court of India and re-establish social and family links after a long incarceration.

Contentions Made

Petitioner: It was contended that the petitioner had been freed on interim bail twice by this Court and had never misused this liberty and had submitted to the Competent Authority without delay and had received no bad report from the police or competent authority. The petitioner had worked as a “bakery sahayak” in jail for over eight years and had good behaviour. Further, the right of a convict to submit SLP against criminal appeal dismissal is constitutional and cannot be refused on erroneous grounds.

Respondent: It was contended that the petitioner can submit SLP from jail where free legal aid is accessible. Moreover, as mentioned in the impugned order, the petitioner was involved in three criminal cases and might commit other offenses.

Observations of the Court

The Bench observed it has been time and again held by Courts that the right of a convict to file an SLP against the dismissal of his criminal appeal by a High Court is an essential right, and the same could not be denied on the ground that free legal aid was available in the jail and SLP could be filed from the jail itself. Since the only hope for the petitioner was from the Hon’ble Apex Court as far as his conviction was concerned, he must be provided with an opportunity to pursue his legal remedy by filing an SLP through the counsel of his choice.

Judgment

This Court allowed this petition and the petitioner was granted parole for two months, subject to the following conditions:

The petitioner shall furnish a personal bond in the sum of Rs.15,000/- with one surety of the like amount, to the satisfaction of the Jail Superintendent.
The petitioner shall report to the SHO of the local area once a week every Sunday between 10:00 AM to 11:00 AM and shall not leave the National Capital Territory of Delhi during the period of parole.
The petitioner shall furnish a telephone/mobile number to the Jail Superintendent as well as the SHO of the local police station, on which he can be contacted if required. The said telephone number shall be kept active and operational at all times by the petitioner.
Immediately upon the expiry of the period of parole, the petitioner shall surrender before the Jail Superintendent.
The petitioner shall furnish a copy of the SLP filed before the Hon’ble Supreme Court to the Jail Superintendent at the time of surrendering. A copy of the SLP shall also be placed on record before this Court.
The period of parole shall be counted from the day when the petitioner is released from jail.