IN THE HIGH COURT OF DELHI AT NEW DELHI

CRL. M.A. NO. ________ OF 2024.

IN

CRL. WRIT PETITION NO. 3426 OF 2023.

IN THE MATTER OF :-

______________________________. : PETITIONERS

VERSUS

_______________________     : RESPONDENT

I N D E X

DELHI                                                                    FILED BY

DATED :              

__________________________________

COUNSELS FOR THE PETITIONER NO.3

Office: _________________________

New Delhi-110014.

Mob.No. ____________

Email: __________________

IN THE HIGH COURT OF DELHI AT NEW DELHI

CRL. M.A. NO. ________ OF 2024.

IN

CRL. WRIT PETITION NO. 3426 OF 2023.

IN THE MATTER OF :-

________________________.  : PETITIONERS

VERSUS

_______________________________         : RESPONDENT

NOTICE OF MOTION

To

STATE (GVOT OF NCT OF DELHI)

Through Home Secretary,

Delhi Secretariat,

Sachivalaya Road, Indoor Stadium,

New Delhi-110001.

Sir,

          The enclosed Crl. Misc. Application in the aforesaid writ petition as being filed on behalf of the PETITIONER NO.3 and is likely to be listed on __.10.2024 or any date, thereafter. Please take notice accordingly.

DELHI                                                                    FILED BY

DATED :              

__________________________

COUNSELS FOR THE PETITIONER NO.3

Office: __________________.,

New Delhi-110014.

Mob.No. +_____________

Email: _______________________

IN THE HIGH COURT OF DELHI AT NEW DELHI

CRL. M.A. NO. ________ OF 2024.

IN

CRL. WRIT PETITION NO. 3426 OF 2023.

IN THE MATTER OF :-

___________________________.                : PETITIONERS

VERSUS

___________________                       : RESPONDENT

URGENT APPLICATION

To,

          The Hon’ble Joint Registrar,

          Hon’ble High Court of Delhi.

          New Delhi. 

Sir,

          Will you kindly treat the accompanying Crl. Misc. Application as urgent one in accordance with the provision of as per the Delhi High Court rules and regulations and orders.

The grounds of urgency are as set out in the accompanying application.

Yours faithfully,

DELHI                                                                    FILED BY

DATED :              

______________________________________

COUNSELS FOR THE PETITIONER NO.3

Office: __________________________,

New Delhi-110014.

Mob.No. _______________________

Email:_______________________

IN THE HIGH COURT OF DELHI AT NEW DELHI

CRL. M.A. NO. ________ OF 2024.

IN

CRL. WRIT PETITION NO. ____ OF 2023.

IN THE MATTER OF :-

_________________________.                     : PETITIONERS

VERSUS

______________________________ : RESPONDENT

APPLICATION ON BEHALF OF APPLICANT / PETITIONER NO.3 UNDER SECTION 528 OF BNSS SEEKING DIRECTION TO THE RESPONDENT AS WELL AS SENTENCE REVIEW BOARD (SRB) PURSUANT TO THE DIRECTION VIDE ORDER DATED 24.01.2024 PASSED BY THIS HON’BLE COURT.

MOST RESPECTFULLY SHOWETH :-

1.              That the Applicant / Petitioner no.3 was filed the present writ petition seeking relief to consider the case of the Petitioners for pre mature release under the policy dated _______________and this Hon’ble Court was pleased to dispose of the present petition vide order dated _________

2.              That the Applicant / Petitioner no.3 was convicted under Section 307 IPC in FIR No__________, registered at_________________. The petitioner was sentenced to life imprisonment and has already undergone 12.8 years of actual imprisonment and 14.6 years including remission.

3.              That the present of the case of the Applicant / Petitioner no.3 for premature release falls under the Policy dated__________, passed by the Hon'ble Lt. Governor of ___________, which governs the premature release of prisoners convicted before the introduction of the Delhi Prison Rules, 2018. As per this policy, convicts undergoing life imprisonment shall be eligible for premature release after completing 14 years of actual imprisonment.

4.              That the Applicant / Petitioner no.3 is not covered by Section 433A Cr.P.C., and he is therefore not subject to the provisions requiring a minimum of 20 years for certain heinous offenses. The Applicant / Petitioner no.3 is eligible for release under the first category, which requires 14 years of actual sentence without remission.

5.              That despite having completed the requisite period of sentence under the said policy, the Applicant / Petitioner no.3 remains incarcerated, and no steps have been taken by the Sentence Review Board (SRB) to finalize his premature release, despite the direction of this Hon’ble Court vide order dated ____________. The Applicant / Petitioner no.3 was included in a collective writ petition filed before this Hon'ble Court, where multiple petitioners sought relief under the policy dated ____________.

6.              That on ______ this Hon'ble Court directed that petitioners be considered / reconsidered by the Sentence Review Board for premature release, in terms of the policy dated____________, within a period of eight weeks from today. It is further directed that the order of the Sentence Review Board shall be uploaded within a period of one week after it is approved by the approving Authority. Despite this clear direction by the Hon’ble Court, the Sentence Review Board has failed to comply with the order. No decision has been communicated to the Applicant / Petitioner no.3, and no updates have been provided regarding the status of his premature release. This continued delay is in blatant violation of the Court’s order, and the Applicant / Petitioner no.3 remains in prison despite being legally entitled to premature release.

7.              That the Applicant / Petitioner no.3 has consistently demonstrated good conduct while in prison, as evidenced by the fact that he has been granted furlough multiple times, with the last furlough granted on__________, and Applicant / Petitioner no.3 also donated his one kidney and completed his education from the Jail and he has got the offer letter from private company for job during this period. This clearly indicates the behavior of the Applicant / Petitioner no.3 in jail has been satisfactory​ and clean.

8.              That the present case is covered by similar orders issued by the Hon'ble Supreme Court in matters concerning the premature release of convicts, where relief has been granted to similarly situated prisoners. Several cases, such as Writ Petition (Crl.) No.142/2023 Kuldeep & Ors. Vs. State (Govt. of NCT of Delhi) and others, have seen the Hon'ble Supreme Court granting exemptions from surrendering and directing premature release based on the policy of 16.07.2004.

9.              That continuous incarceration of the Applicant / Petitioner no.3, despite having completed the requisite period of imprisonment, violates his fundamental rights to life and personal liberty under Article 21 of the Constitution of India. The inaction of the Sentence Review Board in processing the petitioner’s case for premature release amounts to illegal detention. In State of Haryana vs. Jagdish (2010): The Supreme Court emphasized that the policy for premature release prevalent at the time of conviction should govern the case. The policy that benefits the convict the most should be applied, which in this case is the 16.07.2004 policy​.

10.           That the Sentence Review Board has further failed to comply with the direction of this Hon'ble Court vide order dated_____________, which directed that the Petitioner’s case for premature release be considered within eight weeks. Non-compliance with direction is a violation of the law and is a serious matter of contempt. In K. Ramachandra Reddy vs. State of Karnataka (2002): Non-compliance with court orders can be construed as a violation of the rule of law, leading to contempt proceedings. In this case, SRB's non-compliance with the High Court’s order constitutes gross negligence.

11.           That the Applicant / Petitioner no.3 has already completed 12.8 years of actual imprisonment and a total of 14.6 years, including remission. Applicant / Petitioner no.3 is, therefore, eligible for premature release under the _______________policy, which mandates release after 14 years of actual sentence.

12.           That the conduct of the Applicant / Petitioner no.3 is good in prison, as demonstrated by the multiple furloughs granted to him, and awards and donation of his organ to people in the society, further strengthens his eligibility for premature release. The Applicant / Petitioner no.3 has complied with all prison regulations, showing he is a reformed individual. In Sunil Fulchand Shah vs. Union of India (2000): The Court held that good conduct in jail is a major factor when considering parole or furlough. In the case of premature release, good conduct is a primary factor for determining eligibility under remission policies.

13.           The Hon'ble Supreme Court has granted relief to similarly situated convicts in several writ petitions, ordering their premature release under the policy dated 16.07.2004. The petitioner’s case is on the same footing as those where exemptions from surrendering have been granted. In Kuldeep & Ors. Vs. State (Govt. of NCT of Delhi) (W.P. Crl. No. 142/2023): The Hon’ble Supreme Court granted exemptions from surrendering to similarly situated convicts under the 16.07.2004 policy.

14.           That the Sentence Review Board repeated refusal to consider the case of the Applicant / Petitioner no.3 on the grounds of the nature of the offense is in contradiction to the 16.07.2004 policy. The policy prioritizes good conduct and time served over the nature of the crime.

15.     That the applicant / petitioner is trying to reform himself with the main stream of society as the petitioner was deprived for the love and affection towards his family members and society and there is no complaint against him after his release on furlough and petitioner undertake that he will not harass any one and no complaint of any kind will be received against him.

15.     That the conduct of the applicant Petitioner in the Jail is never found objectionable by the Jail authorities, not even a single punishment has been given to the Petitioner during his period of incarceration.

- : P R A Y E R :-

It is, therefore, respectfully prayed that this Hon’ble Court may pleased to :

(a)            Issue an appropriate writ, order, or direction to the Respondent and the Sentence Review Board to immediately comply the direction of this Hon’ble Court passed in order dated _____________ and consider the Petitioner’s premature release in accordance with the policy dated ______________;

(b)           Direct the Respondent to finalize the Petitioner’s premature release forthwith and communicate the decision to the Petitioner without further delay;

(c)            Grant furlough and release the Petitioner no.3 till the disposal of the present application;

(d)           Pass such other order(s) as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.

DELHI                            APPLICNAT/PETITIONER NO.3

THROUGH

DATED :              

________________________

COUNSELS FOR THE PETITIONER NO.3

Office: _______________________.,

New Delhi-110014.

Mob.No. _________________

Email: _______________________

IN THE HIGH COURT OF DELHI AT NEW DELHI

CRL. M.A. NO. ________ OF 2024.

IN

CRL. WRIT PETITION NO. 3426 OF 2023.

IN THE MATTER OF :-

________________________________.      : PETITIONERS

VERSUS

__________________________         : RESPONDENT

APPLICATION ON BEHALF OF THE APPLICANT / PETITIONER NO.3 UNDER SECTION 528 OF BNSS FOR EXEMPTION FROM FILLING CERTFIED COPIES OF THE ANNEXXURES.

MOST RESPECTFULLY SHOWETH ;-

1.       That the applicant / petitioner no.3 has filed Annexures along with the main application in order to support the petition and the Annexures filed is the true, correct and compared copies of the original.

2.      That the petitioner no.3 shall apply for obtaining the certified copies of the Annexures and undertakes to file the same as soon as the same is made available by copying agency concerned.

It is most respectfully prayed that the petitioner no.3 may kindly be exempted from filling the certified copies of the Annexures.

Such other or further orders as this Hon’ble Court may be deem fit and proper in the facts and circumstances of the case be also passed to meet the ends of justice.

It is prayed accordingly.                                                    

DELHI                                                PETITIONER NO.3

THROUGH

DATED :              

________________________________

COUNSELS FOR THE PETITIONER NO.3

Office: ________________________.,

New Delhi-110014.

Mob.No. ___________________

Email: ____________________

IN THE HIGH COURT OF DELHI AT NEW DELHI

CRL. M.A. NO. ________ OF 2024.

IN

CRL. WRIT PETITION NO. 3426 OF 2023.

IN THE MATTER OF :-

______________________________. : PETITIONERS

VERSUS

________________________   : RESPONDENT

AFFIDAVIT

Affidavit of …………….., aged about ………. years, S/o Sh. …………., R/o ………………………….. Delhi, do hereby solemnly affirm and declare as under :-

1.       That I am the ________of the petitioner no.3 in the above noted case and am well conversant with the facts and circumstances of the case as such am competent to swear this affidavit.

2.       That the contents of the accompanying Application under Section 528 of BNSS have been read over and explained to me in vernacular and having understood the same I say that the facts stated therein are true to the best of my knowledge and belief and nothing material has been concealed therefrom.

3.       That the facts as stated above in the Affidavit are true to my knowledge and no part of the same is false and nothing material has been concealed therefrom.

DEPONENT

VERIFICATION :-

Verified at Delhi on this ___ day of October, 2024. That the contents of the above Affidavit are true and correct to my knowledge, no part of it is false and nothing material has been concealed therefrom.

DEPONENT

IN THE HIGH COURT OF DELHI AT NEW DELHI

CRL. M.A. NO. ________ OF 2024.

IN

CRL. WRIT PETITION NO. 3426 OF 2023.

IN THE MATTER OF :-

______________________________ : PETITIONERS

VERSUS

_______________________     : RESPONDENT

AFFIDAVIT

Affidavit of …………….., aged about ………. years, S/o Sh. …………., R/o ………………………….. Delhi, do hereby solemnly affirm and declare as under :-

1.       That I am the Perokar of the petitioner no.3 in the above noted case and am well conversant with the facts and circumstances of the case as such am competent to swear this affidavit.

2.       That the deponent has gone through the averments made in the accompanying application filed under Section 528 BNSS seeking exemption to filling certified copies and submits that this application had been drafted by my counsel on my instructions and explained to me in vernacular and having understood the same.

3.       I say that the facts stated therein are true to the best of my knowledge and belief and nothing material has been concealed therefrom.

DEPONENT

VERIFICATION :-

I, the above named deponent do hereby verify that the facts stated in the above Affidavit are true to my knowledge and no part of the same is false and nothing material has been concealed therefrom.

Verified at New Delhi on this ____, day of October, 2024.

DEPONENT