The Single Bench of the Delhi High Court in the case of Budhi Singh vs State of NCT of Delhi consisting of Justice Amit Mahajan is set to answer the question of whether the High Court under Article 226 has the power to grant furlough during the pendency of an appeal in the Supreme Court of India.

Facts

The following questions were raised in this petition:

  1. Whether the principle of 'derogation of power' as put out in K.M. Nanavati v. The State of Bombay applies when a prisoner seeks release on furlough under the Delhi Prison Rules, 2018 when an appeal against their order of conviction is pending adjudication in the Supreme Court of India?
  2. Whether Note 2 to Rule 1224 of the Delhi Prison Rules, 2018 should be carefully applied and the phrases High Court cannot be interpreted as including the Supreme Court of India, even in a statutory appeal to the Supreme Court?
  3. Is it a breach of Article 14 of the Indian Constitution if Note 2 to Rule 1224 of the Delhi Prison Rules is regarded as restricting a prisoner's right to request for furlough whilst an appeal against their conviction is ongoing in the Supreme Court?
  4. Can the High Court award furlough under Article 226? Can this power be used during a Supreme Court appeal?
  5. Is it a breach of Article 21 of the Indian Constitution if Note 2 to Rule 1224 of the Delhi Prison Rules is regarded as restricting a prisoner's right to request for furlough whilst an appeal against their conviction is ongoing before the Supreme Court?
  6. Denying a convict furlough due to a pending appeal in the Supreme Court of India, despite good behaviour, would it violate Rules 1199 and 1200 of the Delhi Prison Rules, 2018?
  7. If furlough does not constitute a suspension of sentence, does parole law apply?

Order

Considering the nature of the dispute and questions raised, the court-appointed Siddharth Dave, Sr. Advocate as amicus curiae. It ordered the case record to be given to Mr. Dave within one week following the order.

Case: Budhi Singh vs State of NCT of Delhi

Citation: W.P.(CRL) 697/2022

Bench: Justice Amit Mahajan

Decided on: 2nd December 2022

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Ayesha